Citation Nr: 21069333 Decision Date: 11/18/21 Archive Date: 11/18/21 DOCKET NO. 19-36 845 DATE: November 18, 2021 ORDER Entitlement to service connection for posttraumatic stress disorder (PTSD) is denied. FINDING OF FACT There is no credible supporting evidence that the Veteran experienced an in-service stressor to which a current psychiatric disability may be related. CONCLUSION OF LAW The criteria for entitlement to service connection for PTSD are not met. 38 U.S.C. §§ 1110, 1154, 5107; 38 C.F.R. §§ 3.102, 3.303, 3.304, 4.125. REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran served on active duty in the United States Army from June 1976 to February 1978. This December 2019 appeal comes before the Board of Veterans' Appeals (Board) from a March 2017 rating decision issued by the Department of Veterans Affairs (VA) Regional Office (RO), in Waco, Texas. This appeal has been advanced on the Board's docket. 38 U.S.C. § 7107(a)(2) (2018); 38 C.F.R. § 20.800(c) (2020). 1. Entitlement to service connection for posttraumatic stress disorder The Veteran filed a June 2016 claim for PTSD stating the condition was due to multiple incidents that occurred while he was stationed in Germany. See June 2016 Statement in Support of Claim. Service connection for PTSD has unique evidentiary requirements. It generally requires: (1) medical evidence diagnosing the condition in accordance with 38 C.F.R. § 4.125 (a) (i.e., DSM-5); (2) credible supporting evidence that the claimed in service stressor actually occurred; and (3) medical evidence of a link between current symptomatology and the claimed in service stressor. 38 C.F.R. § 3.304(f). The question for the Board is whether the Veteran has a current diagnosis of PTSD and whether the Veteran has a current disability that began during service or is at least as likely as not related to an in-service injury, event, or disease. The Board finds that, while the Veteran has a diagnosis of PTSD, the preponderance of the evidence is against finding that it began during service, or is otherwise related to an in-service injury, event, or disease. The Veteran was diagnosed with PTSD in June 2016. See December 2019 VA Medical Treatment Records. However, during multiple medical evaluations, including his assessment for PTSD, the Veteran reported having nightmares due to events he witnessed during service, including the killing of women and children during a raid, being involved in combat, the death of friends while stationed in Vietnam, and witnessing the death of a fellow soldier in a motor vehicle accident while stationed in Germany. Id. The Veteran was never stationed in Vietnam, and although he was stationed in Germany, there is no evidence he was involved in combat. See January 2014 Military Personnel Record. The Veteran's medical providers appear to base their diagnosis of PTSD on his reported statements regarding his stressors, and therefore because they relied on inaccurate information provided by the Veteran, it raises the possibility that he does not currently have PTSD. However, even assuming the Veteran has PTSD, he has not specified an in-service event he believes is responsible for his current disability with credible supporting evidence that the event actually occurred. In his June 2016 statement, the Veteran reported two incidents while he was stationed in Germany. See June 2016 Statement in Support of Claim for PTSD. The first was in 1977 while the Veteran was operating a crane, he hit the wrong lever causing the boom section to swing into another solider cutting off 4 off his fingers. Id. The Veteran also reported being injured in a motor vehicle accident (MVA) in August or September of 1978 and holding the hand of another solider, a 2nd Lieutenant, as he died from his injuries. Id. However, in a subsequent June 2016 statement, the Veteran stated he witnessed the MVA from a separate vehicle and that Lieutenant P. was injured and Lieutenant W. died. See June 2016 Statement in Support of Claim. The Veteran was notified in a February 2017 letter that his service treatment records (STRs) could not be found despite multiple attempts to locate them. See February 2017 Status Letter, February 2017 Compensation Checklist. In November 2016, VA received a response from the Defense Records Personnel Information Retrieval System (DPRIS) that after a coordinated search with the National Archives and Records Administration (NARA), they were unable to document the 1978 motor vehicle accident in Germany, or injuries to either Lieutenant as reported by the Veteran. See November 2016 DPRIS Response. In March 2017, the United States Army and Joint Services Records Research Center (JSRRC) coordinator made a formal finding there was a lack of information available to corroborate the stressors for the Veteran's PTSD claim. See March 2017 VA Memo. In a February 2018 statement, Lieutenant P. reported that he was injured in a MVA in December 1978 while stationed in Germany and that Lieutenant E. was killed in the accident, not Lieutenant W. See February 2018 Correspondence. Further, he stated that he did not recall the Veteran following behind his vehicle prior to the MVA, nor did he recall the Veteran having any involvement with the incident. Id. As stated above, the Veteran also made multiple reports to his medical providers that he served in Vietnam as a foot solider, was involved in combat, participated in a raid in which he killed women and children, and lost 3 friends that died in the month of April while stationed overseas. See August 2017, October 2019, and December 2019 VA Medical Treatment Records. According to the Veteran's DD-214, he served in the Army from June 1976 to December 1978. The Veteran's enlistment began more than a year after the Vietnam era ended in May 1975. 38 U.S.C. § 101(29)(A). In addition, there is no evidence in the Veteran's military personnel record that he was ever deployed to Vietnam. See January 2014 Military Personnel Records. The Board finds that the Veteran's contentions regarding his in-service stressors are not creditable due to the inconsistencies with his dates of service, military personnel records, medical treatment records and Veteran P's February 2018 statement. Therefore, the Board finds there is no lay or medical evidence of record in support of a finding that the Veteran experienced an in-service stressor to which his PTSD may be related. As the Veteran does not have credible supporting evidence a stressor occurred, the claim for entitlement to service connection for PTSD must be denied. The benefit-of-the-doubt doctrine is not applicable. See 38 U.S.C. § 5107(b); 38 C.F.R. § 3.102. J. B. FREEMAN Veterans Law Judge Board of Veterans' Appeals Attorney for the Board C. Aubee, 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.