Citation Nr: 21070867 Decision Date: 11/26/21 Archive Date: 11/26/21 DOCKET NO. 18-30 866 DATE: November 26, 2021 ORDER Service connection for posttraumatic stress disorder (PTSD) and major depressive disorder (MDD) is granted. FINDING OF FACT The evidence is in relative equipoise that the Veteran's current PTSD and MDD were caused by his active service. CONCLUSION OF LAW The criteria for an award of service connection for PTSD and MDD are met. 38 U.S.C. §§ 1110, 5107; 38 C.F.R. §§ 3.102, 3.303, 3.304(f). REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran served on active duty from September 1988 to August 1992. This case is before the Board of Veterans' Appeals (Board) on appeal from a March 2017 rating decision from a Department of Veterans Affairs (VA) Regional Office (RO). In October 2020, the Veteran testified at a Board hearing. The transcript of the hearing has been associated with the record. The Veteran contends that his current acquired psychiatric disorder results from two in-service stressor events: first, an abusive relationship with his ex-wife, whom he met while stationed in South Korea; second, a traumatic training exercise in Osan Air Base, required him to wear a gas mask and caused a panic attack. Service connection will be granted for a current disability that resulted from an injury, disease, or aggravation while in active service. 38 U.S.C. §§ 1110, 1131; 38 C.F.R. § 3.303(a). Generally, service connection requires (1) a present disability, (2) in-service incurrence or aggravation of a disease or injury, and (3) a nexus between the present disability and the in-service incurrence or aggravation of a disease or injury. See Shedden v. Principi, 381 F.3d 1163, 1167 (Fed. Cir. 2004). The Veteran is competent to report symptoms and experiences he can observe. See Jandreau v. Nicholson, 492 F.3d 1372, 1377 (Fed. Cir. 2007); 38 C.F.R. § 3.159(a). VA must give due consideration to all pertinent medical and lay evidence in evaluating a claim for disability benefits. Davidson v. Shinseki, 581 F.3d 1313, 1316 (Fed Cir. 2009). When there is an approximate balance of positive and negative evidence regarding any issue material to the determination of a matter, VA shall give the benefit of the doubt to the claimant. 38 U.S.C. § 5107(b); Gilbert v. Derwinski, 1 Vet. App. 49, 57-58 (1990); 38 C.F.R. § 3.102. The Board concludes that the Veteran has a current disability of PTSD and MDD that began during active service. 38 U.S.C. §§ 1110, 1131, 5107(b); Holton v. Shinseki, 557 F.3d 1363, 1366 (Fed. Cir. 2009); 38 C.F.R. §§ 3.303(a), 3.304(f). The November 2016 VA examination shows the Veteran has current PTSD and MDD per the American Psychiatric Association: Diagnostic and Statistical Manual of Mental Disorders (5th ed. 2013) (DSM-5); accordingly, competent evidence of a current disability is found. See 38 C.F.R. § 4.125(a). The Veteran's December 1987 entrance examination report of medical history is negative for trouble sleeping, nervous trouble of any sort, or depression or excessive worry. Therefore, as no defect or disorder was noted at entry, the Veteran is presumed sound. See 38 C.F.R. § 3.304(b). During service, the Veteran was treated for and reported mental health issues. In April 1989, the Veteran received mental health therapy for air sickness and discomfort flying. In August 1989, the Veteran was medically disqualified from FOA aviation service in accordance with AFR 60-13 paragraph 5-9 per AF FORM 1042. A non-labeled note in the Veteran's service treatment record states the Veteran had the following issues for which he did not seek treatment: he attempted suicide in 1989 due to stress and alcohol abuse, but he has since quit drinking; he lost 30 pounds within six months in 1991; he gained 30 pounds from September to December 1991; he had frequent trouble sleeping. In July 1991, a case for substantiated mutual spouse abuse was opened at Osan Air Base, and the Veteran commenced marital therapy. His July 1992 separation examination notes he had frequent trouble sleeping. The November 2016 VA examiner opined that the Veteran's described training exercise in Osan Air Base is at least as likely as not the cause of his PTSD, but that his ex-wife's assault was not at least as likely as not the cause of his PTSD. In March 2017, VA determined that the information available was insufficient to send to the U.S. Army, Joint Services Records Research Center, and National Archives and Records Administration to corroborate the training exercise in Osan that the Veteran described. A January 2020 correspondence from retired CM Sgt. T.P.K. attests to witnessing the Veteran experience claustrophobia and anxiety during an exercise at Osan Air Base that required the use of gas masks. Upon reviewing the record, the Board finds the evidence to at least be in equipoise as to whether the Veteran's current PTSD and MDD arose in service. Although VA has not corroborated that the training exercise in Osan Air Base occurred, the lay statements from retired CM Sgt. T.P.K. and the Veteran are probative. Indeed, the November 2016 VA examiner found a positive nexus between the described training exercise and the current disability. Further, the Veteran's service treatment and military personnel records demonstrate the Veteran was experiencing symptoms in service attributable to PTSD and MDD such as anxiety and chronic sleep impairment, and his in-service weight fluctuation and conflict with his ex-wife are also probative as they are also common effects of PTSD and MDD symptoms. Accordingly, after resolving all doubt in favor of the Veteran, the Board finds that service connection for PTSD and MDD is warranted. 38 U.S.C. § 5107; 38 C.F.R. § 3.102. R. FEINBERG Veterans Law Judge Board of Veterans' Appeals Attorney for the Board Costa, Stephanie D. 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.