Citation Nr: 21068871 Decision Date: 11/15/21 Archive Date: 11/15/21 DOCKET NO. 17-20 220 DATE: November 15, 2021 ORDER Entitlement to service connection for an acquired psychiatric disorder, to include posttraumatic stress disorder (PTSD) and an anxiety disorder is granted. FINDING OF FACT Resolving reasonable doubt in the Veteran's favor, his acquired psychiatric disorder is at least as likely as not related to loading and unloading dead bodies onto aircrafts during service. CONCLUSION OF LAW The criteria for entitlement to service connection for an acquired psychiatric disorder, to include PTSD and anxiety are met. 38 U.S.C. §§ 1110, 5107; 38 C.F.R. §§ 3.102, 3.303. REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran served on active duty from July 1963 to July 1967. This matter comes before the Board of Veterans' Appeals (Board) on appeal from a May 2015 rating decision by a Department of Veterans Affairs (VA) Regional Office (RO). In the Veteran's April 2017 substantive appeal, he requested a videoconference hearing before the Board. He was scheduled for a hearing on June 16, 2020. This hearing was rescheduled to afford the Veteran a virtual hearing. His new hearing was scheduled for October 15, 2021, for which he failed to report. The Board has expanded the Veteran's claim of service connection for PTSD as reflected on the title page. See Clemmons v. West, 206 F.3d 1401, 1403 (Fed. Cir. 2000). Duties to Notify and Assist The Veteran has not raised any issues with the duty to notify or duty to assist. See Scott v. McDonald, 789 F.3d 1375, 1381 (Fed. Cir. 2015) (holding that "the Board's obligation to read filings in a liberal manner does not require the Board... to search the record and address procedural arguments when the veteran fails to raise them before the Board"); Dickens v. McDonald, 814 F.3d 1359, 1361 (Fed. Cir. 2016) (applying Scott to a duty to assist argument). Entitlement to service connection for an acquired psychiatric disorder, to include posttraumatic stress disorder and anxiety. The Veteran contends that he has an acquired psychiatric disorder related to identifying and loading bodies onto aircraft during service. The Board concludes that the Veteran has a current disability that is related to identifying and loading bodies during service. 38 U.S.C. §§ 1110, 5107(b); Holton v. Shinseki, 557 F.3d 1363, 1366 (Fed. Cir. 2009); 38 C.F.R. § 3.303(a). A November 2014 PTSD Disability Benefits Questionnaire (DBQ) completed by Dr. C. C., the Veteran's private psychologist, show the Veteran has current diagnoses of PTSD and an anxiety disorder. Thus, the question becomes whether the current disability is related to service. On this question there are probative opinions in favor of and against the claim. The evidence against the claim includes a February 2017 VA PTSD examination report. The examiner noted the Veteran's reports of having to load the bodies of soldiers onto planes and wondering if he would one day see his brother who was also a soldier being loaded into those aircrafts and experiencing lightening hit an aircraft he was a passenger in, causing the pilot to barely make an emergency landing. The examiner noted that these stressors supported a diagnosis of PTSD but opined the Veteran did not have a diagnosis of PTSD or any other mental disorder. The Board finds this opinion to be inadequate as the examiner made contradictory findings in the report. It was noted that the Veteran did not have a diagnosis of any mental disorder, but the examiner noted the Veteran's stressors were adequate to support a diagnosis of PTSD, the Veteran's exposure to actual or threatened death, or serious injury supported his current diagnosis of PTSD and that he had other symptoms related to his PTSD. The evidence in favor of the claim includes a November 2014 private opinion by Dr. C. C. After examination of the Veteran, Dr. C. C. noted the previously mentioned stressors and opined that the Veteran's current PTSD and anxiety disorder were related to these experiences. (Continued on the next page) The Board notes the Veteran's DD 214 indicates his military occupational specialty (MOS) was that of an air freight specialist and cargo handler. The Board finds the Veteran's MOS would require him to load and unload bodies and is consistent with his service duties as an air freight specialist and cargo handler. Upon review of the record, the Board finds the evidence to at least be in equipoise as to whether the Veteran's current acquired psychiatric disorder is related to service. Accordingly, after resolving all doubt in favor of the Veteran, the Board finds that service connection for an acquired psychiatric disorder is warranted. 38 U.S.C. § 5107; 38 C.F.R. § 3.102. K.A. KENNERLY Veterans Law Judge Board of Veterans' Appeals Attorney for the Board K. McDuffie, 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.