Citation Nr: A21016262 Decision Date: 10/01/21 Archive Date: 10/01/21 DOCKET NO. 200318-77392 DATE: October 1, 2021 ORDER Service connection for an acquired psychiatric disorder, to include posttraumatic stress disorder (PTSD), is denied. FINDINGS OF FACT 1. The record does not establish the Veteran engaged in combat. 2. The record does not contain corroborating evidence that a claimed in-service stressor occurred. 3. The record does not contain evidence showing a VA psychiatrist or psychologist, or a psychiatrist or psychologist with whom VA has contracted has diagnosed the Veteran to have PTSD due to fear of hostile military activity, or confirmed that claimed stressor is adequate to support a diagnosis of PTSD. 4. The Veteran's anxiety disorder and depressive disorder were not present in service or for many years thereafter, and are not otherwise etiologically related to service. CONCLUSION OF LAW The criteria for service connection for an acquired psychiatric disorder, to include PTSD, are not met. 38 U.S.C. §§ 1110, 1131, 5107; 38 C.F.R. §§ 3.102, 3.303. REASONS AND BASES FOR FINDINGS AND CONCLUSION The Veteran served on active duty from November 1967 to June 1969. This matter comes before the Board of Veterans' Appeals (Board) on appeal from a March 2019 rating decision of the Department of Veterans Affairs (VA) Regional Office (RO). In the March 2019 VA Form 10182, Decision Review Request: Board Appeal, the Veteran elected the Hearing docket. Therefore, the Board may only consider the evidence of record at the time of the agency of original jurisdiction (AOJ) decision on appeal, as well as any evidence submitted by the Veteran or his representative at the hearing or within 90 days following the hearing. 38 C.F.R. § 20.302(a). In April 2021, the Veteran appeared and testified at a virtual hearing before the undersigned Veterans Law Judge. Service connection for an acquired psychiatric disorder The Veteran contends that he has a diagnosis of PTSD which is due to service. Alternatively, the Veteran contends that any other diagnosed psychiatric disorder is due to service. Service connection may be granted for disability resulting from disease or injury incurred in or aggravated by active service. 38 U.S.C. §§ 1110, 1131, 5107; 38 C.F.R. § 3.303. The three-element test for service connection requires evidence of: (1) a current disability; (2) in-service incurrence or aggravation of a disease or injury; and (3) a causal relationship between the current disability and the in-service disease or injury. Shedden v. Principi, 381 F.3d 1163, 1166 -67 (Fed. Cir. 2004). Service connection for PTSD requires medical evidence diagnosing the condition in accordance with 38 C.F.R. 4.125 (a); a link, established by medical evidence, between current symptoms and an in-service stressor; and credible supporting evidence that the in-service stressor occurred. 38 C.F.R. § 3.304(f If the evidence establishes that the Veteran engaged in combat with the enemy and the claimed stressor is related to that combat, in the absence of clear and convincing evidence to the contrary, and provided that the claimed stressor is consistent with the circumstances, conditions, or hardships of the Veteran's service, the Veteran's lay testimony alone may establish the occurrence of the claimed in-service stressor. 38 C.F.R. § 3.304 (f) (2) If a stressor claimed by a veteran is related to the veteran's fear of hostile military activity, and a VA psychiatrist or psychologist or a psychiatrist or psychologist with whom VA has contracted confirms that the claimed stressor is adequate to support a diagnosis of PTSD, a veteran's lay testimony alone may establish the occurrence of the claimed in-service stressor, as long as the claimed stressor is consistent with the places, types, and circumstances of the veteran's service and there is no clear and convincing evidence to the contrary. 38 C.F.R. 3.304 § (f) (3). The Board concludes that, while the Veteran has a diagnosis of generalized anxiety disorder, the preponderance of the evidence is against finding that it began during active service, or is otherwise related to an in-service injury or disease. The November 2017 VA examiner diagnosed the Veteran to have generalized anxiety disorder. The examiner specifically noted that the Veteran's service treatment records do not show a diagnosis of anxiety or any complaints of anxiety. Further, the Veteran did not report any mental health treatment or difficulty, prior to, during, or for over 30 years following service. Thus, there is no reasonable basis for concluding this disability was incurred in service. The Board acknowledges diagnoses of PTSD in the Veteran's treatment records from a VA nurse practitioner and a private psychologist. The November 2017 VA examiner acknowledged stressful events during the Veteran's service that are related to the fear of hostile military activity, although this examiner did not diagnose the Veteran to have PTSD. (Continued on the next page) Regarding the PTSD diagnosis, the Board notes that the Veteran's MOS was as a wireman and switchboard operator with the 559th General Support Group/559th Support Company, which is not indicative of combat experience. Further, the Veteran is not in receipt of any medals which indicate that he participated combat. Thus, the Veteran's statements alone may not establish the occurrence of the claimed in-service stressor. 38 C.F.R. § 3.304(f)(2). The record does not contain any information corroborating the Veteran's claimed stressors. 38 C.F.R. § 3.304(f). To the extent any examiner or provider is attempting to convey the Veteran has PTSD due to fear of hostile military action, they are not shown to have the credentials as required by 38 C.F.R. § 3.304(f)(3) to permit the use of that conclusion to establish service connection for PTSD. As such, the Veteran does not have a diagnosis of PTSD sufficient for service connection purposes. Rather, the November 2017 examiner noted that the Veteran's treatment records show his mood related symptoms were due to having to put his mother into a nursing home and her subsequent death in 2011. Additionally, the Veteran's symptoms had subsided due to medication and spending time with his horses. While the Veteran believes his psychiatric disability was incurred in service, the Board reiterates that the preponderance of the evidence weighs against findings that the Veteran manifested a psychiatric disability in service or recent to his service separation, and for the reasons set out above, the evidence of record at this time does not establish the Veteran has PTSD that was incurred in service. . M. E. KILCOYNE Veterans Law Judge Board of Veterans' Appeals Attorney for the Board J. Uller, Associate 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.