Citation Nr: 21065519 Decision Date: 10/26/21 Archive Date: 10/26/21 DOCKET NO. 17-04 714A DATE: October 26, 2021 ORDER Entitlement to service connection for posttraumatic stress disorder (PTSD) is granted. FINDING OF FACT The probative evidence of record demonstrates that the Veteran has PTSD due to service-related military sexual trauma. CONCLUSION OF LAW The criteria for service connection for PTSD have been met. 38 U.S.C. §§ 1110, 5107(b) (2018); 38 C.F.R. §§ 3.102, 3.303, 3.304 (2021). REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran served on active duty with the United States Navy Reserves from December 1990 to June 1991. In October 2021, the Veteran testified before the undersigned at a Board hearing held via videoconference. The Board must determine the value of all evidence submitted, including lay and medical evidence. Buchanan v. Nicholson, 451 F.3d 1331 (Fed. Cir. 2006). The evaluation of evidence generally involves a three-step inquiry. First, the Board must determine whether the evidence comes from a "competent" source. The Board must then determine if the evidence is credible, or worthy of belief. Barr v. Nicholson, 21 Vet. App. 303, 308 (2007). The third step of this inquiry requires the Board to weigh the probative value of the evidence in light of the entirety of the record. 1. Entitlement to service connection for PTSD The Veteran claims entitlement to service connection for PTSD. Specifically, the Veteran contends her current PTSD is the result of a military sexual trauma during her period of active service. In general, service connection will be granted for disability resulting from injury or disease incurred in or aggravated by active military service. 38 U.S.C. § 1131; 38 C.F.R. § 3.303. Establishing service connection for PTSD requires: (1) medical evidence diagnosing posttraumatic stress disorder in accordance with 38 C.F.R. § 4.125 ; (2) credible supporting evidence that the claimed in-service stressor occurred; and (3) medical evidence of a link between current symptomatology and the claimed in-service stressor. 38 C.F.R. § 3.304 (f). If a PTSD claim is based on in-service personal assault, evidence from sources other than the service records may corroborate the Veteran's account of the stressor incident. Examples of such evidence include, but are not limited to: records from law enforcement authorities, rape crisis centers, mental health counseling centers, hospitals, or physicians; pregnancy tests or tests for sexually transmitted diseases; and statements from family members, roommates, fellow service members, or clergy. Evidence of behavior changes following the claimed assault is one type of relevant evidence that may be found in these sources. Examples of behavior changes that may constitute credible evidence of the stressor include, but are not limited to: a request for a transfer to another military duty assignment; deterioration in work performance; substance abuse; episodes of depression, panic attacks, or anxiety without an identifiable cause; or unexplained economic or social behavior changes. VA will not deny a claim for PTSD that is based on in-service personal assault without first advising the claimant that evidence from sources other than the Veteran's service records or evidence of behavior changes may constitute credible supporting evidence of the stressor and allowing him or her the opportunity to furnish this type of evidence or advise VA of potential sources of such evidence. VA may submit any evidence that it receives to an appropriate medical or mental health professional for an opinion as to whether it indicates that a personal assault occurred. 38 C.F.R. § 3.304(f)(5). In determining whether service connection is warranted for a disability, VA is responsible for determining whether the evidence supports the claim or is in relative equipoise, with the Veteran prevailing in either event, or whether a preponderance of the evidence is against the claim, in which case the claim is denied. See 38 U.S.C. § 5107(b); 38 C.F.R. § 3.102. The Veteran's VA treatment records establish a current diagnosis of PTSD as a result of military sexual trauma. In October 2021, the Veteran testified under oath that she was the victim of military sexual trauma by a fellow servicemember during her active service from December 1990 to June 1991. In September 2014, the Veteran also submitted a lay statement from her husband noting that the Veteran had disclosed that she was the victim of a military sexual trauma. An October 2014 VA Initial PTSD examination and opinion noted that the Veteran's statements and description of her military sexual trauma did seem credible, however, the opinion is speculative and inadequate for purposes of determining service connection. However, the Board assigns high probative weight to the examiner's finding that her stressor was credible. Menegassi v. Shinseki, 638 F.3d. 1379 (Fed. Cir. 2011). A March 2019 VA mental health note indicates the Veteran reported matching details and dates of a military sexual trauma to her VA psychiatrist. She has regularly reported the military sexual trauma to VA mental health treatment providers with similar details to her October 2021 testimony. In light of the above discussed evidence, the Board finds that the Veteran has presented competent and credible evidence of a military sexual trauma during her period of active duty. The Board finds that the probative evidence of record establishes a current diagnosis of PTSD, a credible in-service military sexual trauma, and a nexus between the Veteran's PTSD symptomology and her military sexual trauma. Accordingly, entitlement to service connection for PTSD due to military sexual trauma is warranted. See 38 C.F.R. § 3.304(f). D. Martz Ames Veterans Law Judge Board of Veterans' Appeals Attorney for the Board B. Riordan, Counsel The Board's decision in this case is binding only with respect to the instant matter decided. This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.