Citation Nr: 21068518
Decision Date: 11/10/21	Archive Date: 11/10/21

DOCKET NO. 17-36 369A
DATE: November 10, 2021

ORDER

Service connection for posttraumatic stress disorder (PTSD) is granted.

FINDING OF FACT

The Veteran's posttraumatic stress disorder (PTSD) is related to a corroborated in-service stressor.

CONCLUSION OF LAW

The criteria for service connection for posttraumatic stress disorder (PTSD) have been met.  38 U.S.C. §§ 1110, 5107; 38 C.F.R. § 3.303.

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran has active service from July 1973 to December 1974.  

This matter is on appeal from a July 2015 rating decision.  The Veteran was scheduled for a video hearing in October 2021.  The Veteran did not appear and has not provided good cause for not appearing.  The hearing request is deemed withdrawn. 38 C.F.R. § 20.704(d).

Service Connection

Service connection will be granted if the evidence demonstrates that a current disability resulted from an injury or disease incurred in or aggravated by active military service, even if the disability was initially diagnosed after service.  38 U.S.C. §§ 1110, 1131; 38 C.F.R. § 3.303(a).  Establishing service connection generally requires (1) medical 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) 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).  Service connection may be granted for any disease initially diagnosed after service when all the evidence, including that pertinent to service, establishes that the disease was incurred in service.  38 C.F.R. § 3.303(d).

Service connection for posttraumatic stress disorder (PTSD)

The Veteran argues that he has suffered from PTSD since observing a fellow serviceman, and close friend, die after being struck by a train in Karlsruhe, Germany.  See July 2014 statement.  

In a March 1973 Report of Medical History, the Veteran checks a box to indicate that he has not experienced, and is not currently experiencing, "[d]epression or excessive worry" or "[n]ervous trouble of any sort."  The Veteran indicates that he saw his friend die in February 1974.  See October 2014 statement.  An April 1974 personnel record describes the Veteran missing his morning work call formation.  A December 1974 personnel record indicates that the Veteran is being discharged due to "lack of ability to manage [his] personal affairs and its effect on [his] military duty performance" and "continuing failure to be present for company formations."  The Veteran voluntarily accepted discharge and waived the right to submit a statement on his behalf.  In a December 1974 Report of Medical history, the Veteran checks a box to indicate "[d]epression or excessive worry."  

In a July 2014 statement, a VA psychologist reported that the Veteran "suffers from PTSD as the direct result of witnessing the death of his friend and fellow soldier while on active duty with the Army, while stationed in Germany, in 1974."  

In a March 2015 buddy statement, a fellow serviceman, stationed in Germany between January 1973 and August 1974, recalls a CO informing his company that a soldier in Karlsruhe was struck by a train and killed.  PTSD is listed in the Veteran's "Problem List" in a VA medical record packet uploaded in June 2017.  

The Board finds that service connection for PTSD is warranted.  Service treatment records corroborate the emergence of "[d]epression or excessive worry" during service.  Such records also demonstrate a drop in performance coincident with approximate date of the friend's death.  A fellow serviceman has submitted testimony corroborating the friend's death and timing.  VA medical records indicate a diagnosis of PTSD that is the result of the Veteran observing his friend's death.  

Resolving doubt in the Veteran's favor, the Board finds that the evidence shows that the Veteran has been diagnosed as having PTSD related to a corroborated in-service stressor.  There is no VA medical opinion to the contrary.  In light of the foregoing, the Board finds that service connection is warranted for PTSD.

 

 

STEVEN D. REISS

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	Cannon, Brian

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.