Citation Nr: 21067803 Decision Date: 11/05/21 Archive Date: 11/05/21 DOCKET NO. 20-30 007 DATE: November 5, 2021 ORDER Entitlement to service connection for an acquired psychiatric disorder (other than posttraumatic stress disorder (PTSD)) is granted. Entitlement to service connection for PTSD is denied. FINDINGS OF FACT 1. Resolving all reasonable doubt in the Veteran's favor, service connection for an acquired psychiatric disorder, diagnosed as other specified trauma and stressor related disorder is granted. 2. The Veteran does not have a current diagnosis of PTSD in accordance with the DSM-5. CONCLUSIONS OF LAW 1. The criteria for service connection for an acquired psychiatric disorder are met. 38 U.S.C. §§ 1110, 1131, 5107(b); 38 C.F.R. §§ 3.102, 3.303(a). 2. The criteria for service connection for PTSD are not met. 38 U.S.C. §§ 1110, 1131, 5107(b); 38 C.F.R. §§ 3.102, 3.303(a), 3.304, 4.125. REASONS AND BASES FOR FINDINGS AND CONCLUSIONS The Veteran served on active duty from November 1960 to December 1964. In May 2021, the Veteran testified at a videoconference hearing before the undersigned Veterans Law Judge of the Board. In May 2021, this appeal was remanded by the Board. All requested actions have been completed. Service Connection The Veteran is seeking entitlement to service connection for an acquired psychiatric disorder that he alleges is due to his military service. Specifically, the Veteran states that he was in a fight while on active duty, during which he was stabbed multiple times and, as result, he now suffers from a psychiatric disorder. See May 2021 Board Hearing Transcript. To prevail on a direct service connection claim, there must be competent evidence of (1) a current disability, (2) in-service incurrence or aggravation of a disease or injury, and (3) a nexus between the in-service disease or injury and the current disability. Holton v. Shinseki, 557 F.3d 1362, 1366 (Fed. Cir. 2009); 38 U.S.C. §§ 1110, 1131; 38 C.F.R. § 3.303 (a). As an initial matter, the Board concludes that the Veteran has a current diagnosis of other specified trauma and stressor related disorder in accordance with the DSM 5. See June 2021 VA Psychiatric Examination. The Board notes that the Veteran filed his claim as service connection for posttraumatic stress disorder (PTSD). Service connection for PTSD requires: (1) medical evidence diagnosing the condition in accordance with 38 C.F.R. § 4.125 (a) (2020); (2) credible supporting evidence that the claimed in-service stressor actually occurred; and (3) a link, established by medical evidence, between the current symptoms and the claimed in-service stressor. 38 C.F.R. § 3.304 (f) (2020); see also Cohen v. Brown, 10 Vet. App. 128 (1997). The Board has carefully reviewed the evidence but finds that service connection for PTSD is not warranted. In this regard, the Board points out that a key element in establishing service connection is to show that a veteran currently has a diagnosis of the disability for which service connection is sought. See 38 C.F.R. § 3.304. Here, the evidence of record does not show that he has met the requirements of a diagnosis of PTSD. Specifically, while the Veteran's service treatment records show that he sustained several lacerations as a result of a fight in December 1963, and he is presently in receipt of service connection for the scars resulting from the in-service lacerations, the June 2021 VA psychiatric examination did not provide a diagnosis of PTSD. As such, the Board concludes that there is no reliable and/or probative evidence showing that the Veteran has PTSD. In the absence of a diagnosis of PTSD, there can be no valid claim in this respect. See Brammer v. Derwinski, 3 Vet. App. 223, 225 (1992). Turning to the remaining diagnosis of other specific trauma and stressor related disorder, the Veteran's service treatment and service personnel records are silent as to any complaints or treatment for a psychiatric disorder during service. However, as noted, the service treatment records do show that the Veteran sustained lacerations, which is the basis for his claim. In compliance with the Board May 2021 remand, the June 2021 VA examiner conducted the above referenced psychiatric examination and concluded that it was at least as likely as not that they diagnosed psychiatric disorder is due to the Veteran's military service. The examiner noted the in-service stabbing and concluded that the psychiatric disorder resulted from the assault as described by the Veteran. There are no other etiological opinions of record. A claim will be denied only if the preponderance of the evidence is against the claim. If the evidence for and against a claim is in equipoise, the claim will be granted. See 38 U.S.C. § 5107. Thus, entitlement to service connection for other specified trauma and stressor related disorder is granted. YVETTE R. WHITE Veterans Law Judge Board of Veterans' Appeals Attorney for the Board T. Berry, 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.