Citation Nr: 21067976 Decision Date: 11/08/21 Archive Date: 11/08/21 DOCKET NO. 19-29 736 DATE: November 8, 2021 ORDER Entitlement to service connection for an acquired psychiatric disorder, to include specified trauma and stressor related disorder, is granted. FINDING OF FACT The Veteran's acquired psychiatric disorder, diagnosed as other specified trauma and stressor related disorder, is related to his active military service. CONCLUSION OF LAW The criteria for entitlement to service connection for an acquired psychiatric disorder have been met. 38 C.F.R. § 1110, 5103, 5103A; 38 C.F.R. §§ 3.303, 3.304, 4.9 (2018). REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran served on active duty from May 1967 to April 1969. This matter comes before the Board of Veterans' Appeals (Board) on appeal from a July 2017 rating decision issued by a Department of Veterans Affairs (VA) Regional Office (RO). The Veteran requested a hearing before the Board in his October 2019 VA Form 9 substantive appeal. The Veteran was notified in September 2021 that a hearing was scheduled for October 15, 2021. The Veteran spoke with a representative of VA on October 15, 2021 where the Veteran indicated he believed the hearing is scheduled for October 16, 2021. The Veteran asked whether specific medical records were in his file, and asked if the judge can make a decision without requesting a hearing. The Veteran did not attend the hearing, and indicated he would like a decision without requesting another hearing. Whether the Veteran properly withdrew his request for a hearing is unclear; however, in this case, the fact that the Veteran did not attend his scheduled hearing is not prejudicial to the Veteran. Therefore, the Veteran's hearing request is withdrawn. 38 C.F.R. § 20.702. Service Connection Service connection may be granted for a disability resulting from disease or injury incurred in or aggravated by active military, naval, or air service. 38 U.S.C. § 1131; 38 C.F.R. § 3.303(a). Establishing service connection generally requires (1) competent evidence of a current disability; (2) medical or, in certain circumstances, lay evidence of in-service incurrence or aggravation of a disease or injury; and (3) competent evidence of a nexus between the claimed in-service disease or injury and the present disability. Shedden v. Principi, 381 F.3d 1163, 1167 (Fed. Cir. 2004). The Veteran contends that he has a current diagnosis of posttraumatic stress disorder (PTSD) due to an in-service stressor. Specifically, the Veteran claims that he began having symptoms of anxiety, anger, irritability, and depression after returning home from a deployment in Vietnam. See May 2020 Correspondence. The Veteran was afforded a VA exam in March 2017 in which the examiner stated the Veteran did not meet the full DSM-5 criteria for PTSD. The Veteran submitted documentation from group therapy sessions that list a diagnosis of PTSD. See June 2018, November 2018, May 2019 VA treatment notes. A June 2018 VA examination lists a diagnosis of "Other Specified Trauma and Stressor Related Disorder". The examiner noted the Veteran does not meet criterion G-The disturbance causes clinically significant distress or impairment in social, occupational, or other important areas of functioning. Arguably, the Veteran does in fact meet this criterion, as his condition requires the continuous use of medication and regularly interferes with the relationship with his family and friends. Whether the Veteran meets DSM-5 criteria for a diagnosis of PTSD is inconsequential to the disposition of this claim. In Clemons v. Shinseki, 23 Vet. App. 1, 5 (2009), the Court held that, in determining the scope of a claim, the Board must consider the claimant's description of the claim, symptoms described, and the information submitted or developed in support of the claim. In light of the Court's decision in Clemons, the Board has recharacterized the issue on appeal as entitlement to service connection for an acquired psychiatric disorder, to include specified trauma and stressor related disorder. This recharacterization expands the claim under Clemons to include PTSD and other psychiatric disorders, as all psychiatric disabilities are evaluated under a General Rating Formula for Mental Disorders ("General Rating Formula"). The requirement of a current disability is satisfied when a claimant has a disability at the time a claim for VA disability compensation is filed or at any point during the pendency of that claim (even if the disorder later resolves). McClain v. Nicholson, 21 Vet. App. 319, 321 (2007). Because the Veteran was diagnosed with a mental disorder, "other specified trauma and stressor related disorder", the first element of entitlement to service connection (a current disability) has been met. The second element, an in-service injury, event, or illness, has been satisfied. At the June 2018 VA examination, the Veteran listed three different combat stressors related to events that occurred while the Veteran served in Vietnam. Other stressors were listed at the March 2017 VA examination, that also in some way related to service in Vietnam. The Veteran's statements are consistent with the circumstances of his service. Per the Veteran's DD-214, he received the Vietnam Service Medal and Vietnam Campaign Medal. The Board finds the Veteran's statements competent and credible, and accepts these statements as evidence of an in-service event, thereby satisfying the second requirement for service connection. The third element, a nexus between the claimed in-service event and the present disability, has also been satisfied. The Veteran was provided a VA examination in March 2017. The examiner issued an opinion based on an in-person examination, a thorough review of the claims file, and an interview with the patient. The examiner opined that the Veteran's claimed disorder is at least as likely as not (50/50 probability) caused by or a result of his military combat in Vietnam. The June 2018 VA examiner concurred, stating, "Vet presents at this exam with similar symptoms that are likely related to combat duty in Vietnam." See June 2018 VA examination. There is no evidence of record regarding an alternate theory as to why the Veteran is experiencing his current symptomatology. There is no conflicting medical opinion that impeaches the Veteran's credibility, or contradicts the positive nexus opinions of the March 2017 VA examiner or the June 2018 VA examiner. Based on the evidence of record, the Board concludes that the Veteran's currently diagnosed acquired psychiatric disorder is related to combat stressors experienced during service in Vietnam. Entitlement to service connection is warranted, and the claim is granted. Cynthia M. Bruce Veterans Law Judge Board of Veterans' Appeals Attorney for the Board R. Nelson, 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.