Citation Nr: 21072136 Decision Date: 12/02/21 Archive Date: 12/02/21 DOCKET NO. 17-61 216 DATE: December 2, 2021 ORDER The claim for service connection for a head injury is dismissed. Service connection for post-traumatic stress disorder (PTSD) is granted. FINDINGS OF FACT 1. At his November 2021 Board hearing, the Veteran notified the Board through his authorized representative that he wished to withdraw his claim for service connection for a head injury. 2. The evidence shows that it is at least as likely as not (50 percent or more probability) that the Veteran has PTSD, which was caused by a corroborated in-service stressor. CONCLUSIONS OF LAW 1. The criteria for withdrawal of the claim for service connection for a head injury have been met. 38 U.S.C. § 7105; 38 C.F.R. § 20.205. 2. The criteria for service convection for PTSD have been met. 38 U.S.C. §§ 1110, 1131, 5107; 38 C.F.R. §§ 3.102, 3.303, 3.304. REASONS AND BASES FOR FINDINGS AND CONCLUSIONS The Veteran had active service from January 1975 to January 1979. 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. 38 U.S.C. §§ 1110,1131; 38 C.F.R.§ 3.303. Service connection requires competent evidence showing: (1) the existence of a present disability; (2) in-service incurrence or aggravation of a disease or injury; and (3) a causal relationship between the present disability and the disease or injury incurred or aggravated during service (nexus). Shedden v. Principi, 381 F.3d 1163, 1167 (Fed. Cir. 2004). Head injury The Board may dismiss any appeal which fails to allege specific error of fact or law in the determination being appealed. 38 U.S.C. § 7105. An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision. 38 C.F.R. § 20.205. Withdrawal may be made by the Veteran or by his authorized representative. Id. In the present case, at his November 2021 Board hearing, the Veteran expressly withdrew the appeal of the service connection claim for a head injury. The Veteran confirmed that it was his desire to withdraw the appeal. No allegations of errors of fact or law for appellate consideration with respect to these specific matters were raised. Accordingly, the Board does not have jurisdiction to review the appeal of this issue and it is dismissed. PTSD The Veteran is seeking service connection for PTSD, which he believes resulted from a traumatic event he experienced in service. Service connection for PTSD specifically requires that the record show: (1) a current medical diagnosis of PTSD in accordance with 38 C.F.R.§ 4.125, (2) combat status or credible supporting evidence that the claimed in-service stressor actually occurred; (3) medical evidence of a causal nexus between diagnosed PTSD and the claimed in-service stressor. 38 C.F.R. § 3.304 (f). At his November 2021 Board hearing, the Veteran testified that on a training mission during service, his head was pinned between the barrel of a tank gun and the tank, and it squeezed his head enough to crack his helmet, causing him to fear his life was in danger. Service treatment records (STRs) in December 1975 show that the Veteran complained of severe headaches and that he had a head trauma one month before. This corroborates the Veteran's report of head injury during service. As such, his reported in-service stressor is considered to have been corroborated. The Veteran's treating physician at VA provided a letter dated November 2021, stating that the Veteran had been diagnosed with PTSD under DSM-V, and that his PTSD was a direct result of his military service. Additionally, the Veteran provided a private evaluation report dated November 2021 which also diagnosed him with PTSD under DSM-V with a positive nexus opinion linking his PTSD to his military service. As such, the evidence makes it at least as likely as not (50 percent or more probability) that the Veteran has PTSD which was caused by his corroborated in-service stressor. Accordingly, service connection for PTSD is granted. MATTHEW W. BLACKWELDER Veterans Law Judge Board of Veterans' Appeals Attorney for the Board Q. Wang, 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.