Citation Nr: 21068926
Decision Date: 11/16/21	Archive Date: 11/15/21

DOCKET NO. 17-17 291A
DATE: November 16, 2021

ORDER

Entitlement to service connection for posttraumatic stress disorder (PTSD) due to military sexual trauma, major depressive disorder, and traumatic brain injury (TBI) is granted.

FINDING OF FACT

PTSD due to military sexual trauma, major depressive disorder, and TBI originated during active service.  

CONCLUSION OF LAW

The criteria for service connection for PTSD due to military sexual trauma, major depressive disorder, and TBI have been met.  38 U.S.C. §§ 1131, 5107; 38 C.F.R. §§ 3.102, 3.303, 4.125, 4.130.

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran had active service from June 3, 1976 to June 24, 1976.  

Psychiatric Disability

The Veteran asserts that service connection for a psychiatric disability to include PTSD due to military sexual trauma is warranted. 

Service connection may be granted for recurrent disability arising from disease or injury incurred in or aggravated by active service.  38 U.S.C. § 1131.  Service connection may be granted for any disease diagnosed after discharge, when all the evidence, including that pertinent to service, establishes that the disease was incurred in service.  38 C.F.R. § 3.303(d).  

Establishing service connection for PTSD requires (1) a current diagnosis of PTSD; (2) credible supporting evidence that the claimed in-service stressor actually occurred; and (3) medical evidence of a causal nexus between current symptomatology and the specific claimed in-service stressor.  38 C.F.R. § 3.304(f).  

The service treatment records note that the Veteran was treated for head trauma.  A June 1976 treatment record states that the Veteran fell and hit the back of her head.  Treating medical personnel commented that "patient appears to be an anxiety reaction as leaving N.T.C.B.C. was joking with corpsmen."  

In a September 2015 Statement in Support of Claim for Service Connection for Posttraumatic Stress Disorder (PTSD), VA Form 21-0781, the Veteran reported that she had been violently assaulted and raped by a fellow serviceman in June 1976 during recruit training in Orlando, Florida.  

A February 2017 Department of Veterans Affairs (VA) psychiatric evaluation states that the Veteran "was a victim of significant military sexual trauma and she has PTSD that stems directly from that."  The VA psychiatrist diagnosed the Veteran with PTSD due to military sexual trauma, major depressive disorder, and TBI.  

The service treatment records reflect that the Veteran sustained a head injury and was diagnosed with an anxiety reaction.  A competent and credible statement from the Veteran conveys that she had been violently assaulted and raped by a fellow serviceman during recruit training in June 1976.  A VA psychiatrist has diagnosed the Veteran with PTSD due to military sexual trauma, major depressive disorder, and TBI due to the reported in service rape.  In the absence of any competent evidence to the contrary, the Board of Veterans' Appeals concludes that service connection for PTSD, major depressive disorder, and TBI is warranted.  

 

 

J. T. HUTCHESON

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	H. Marsdale

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.