Citation Nr: 21073024 Decision Date: 12/07/21 Archive Date: 12/07/21 DOCKET NO. 17-34 931 DATE: December 7, 2021 ORDER Entitlement to service connection for an acquired psychiatric disability due to military sexual trauma, to include posttraumatic stress disorder (PTSD), anxiety, and major depressive disorder, is granted. FINDING OF FACT It is at least as likely as not that the Veteran incurred a psychiatric disorder, including PTSD, anxiety, and major depressive disorder, as due to military sexual trauma. CONCLUSION OF LAW The criteria for service connection for an acquired psychiatric disability due to military sexual trauma, to include PTSD, anxiety, and major depressive disorder, have been met. 38 C.F.R. § 3.304(f). REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran served on active duty from April 1983 to May 1988. This case comes before the Board of Veterans' Appeals (Board) on appeal of an October 2015 rating decision by a Department of Veterans Affairs (VA) Regional Office (RO). The Veteran testified before the undersigned Veterans Law Judge (VLJ) at a September 2021 hearing. Here, although the Veteran filed her claim seeking service connection for PTSD specifically, the Board notes that the Veteran's VA medical records reveal diagnoses of other acquired psychiatric disorders. The Board therefore finds that the Veteran's claim for PTSD is more accurately characterized as one for any acquired psychiatric disorder. See Clemons v. Shinseki, 23 Vet. App. 1, 5-6 (2009). The criteria for service connection for PTSD due to military sexual trauma are contained in 38 C.F.R. § 3.304(f)(5), and the Board will not describe them in detail here, as the claim is being granted. The Veteran was afforded a PTSD examination in March 2015. The examiner indicated the Veteran did not have a DSM-V (Fifth Edition of Diagnostic and Statistical Manual of Mental Disorders) diagnosis of PTSD. The examiner did diagnose the Veteran with "Other Specified Trauma-Related Disorder" and opined that it was more likely than not related to military sexual trauma stressors claimed by the Veteran. The Veteran was denied service connection for PTSD in the October 2015 rating decision. In a VA surgery note from March 2017, the Veteran was noted as having a history of PTSD, depression, and anxiety. In a June 2017 VA psychology record, the Veteran was noted as having a diagnosis of "other specified trauma related disorder: PTSD subclinical / partial remission." The Veteran's file only contains VA medical records until June 2017. The Veteran submitted various medical records and statements in February 2018. None of these documents were available at the time of the March 2015 VA examination. The Veteran submitted a statement in February 2018 from G.F., a fellow service member, who was stationed with the Veteran. G.F. stated that he recalled how the supervisor at issue was the noncommissioned officer in charge at the unit. G.F. also stated he remembered how the supervisor was subject to an internal investigation into questionable actions and behavior with female subordinates. G.F. wrote how he recalled the supervisor was reassigned to a different unit because of the investigation. In February 2018, the Veteran submitted a statement from her son N.D., partner at the time J.T.E., and coworker J.H. All the statements address the Veteran and her tendencies and behavior relating to her claimed acquired psychiatric disabilities. In September 2021, the Veteran submitted a letter from her treating psychologist, Dr. S.S., dated August 2021. Dr. S.S. stated the Veteran had been under her care since 2014 for PTSD and other specified anxiety disorder. Dr. S.S. wrote that the Veteran has participated in multiple episodes of treatment focusing primarily on the mental health impacts of military sexual trauma. The Veteran also submitted a buddy statement from her ex-husband, D.D., that was received by VA in September 2021. D.D. stated the Veteran told him about how she was assaulted while on active duty. D.D. also described conversations with the Veteran about how her supervisor harassed her and how the supervisor surprised the couple at their home. D.D. went on to state that the Veteran was called to testify against the supervisor at a sexual misconduct hearing due to the supervisor's behavior with military and civilian women of the unit. Based upon the above, the Board finds that it is at least as likely as not that the Veteran incurred a psychiatric disorder, including PTSD, anxiety, and major depressive disorder, as due to military sexual trauma. The claim is granted in full. A. C. MACKENZIE Veterans Law Judge Board of Veterans' Appeals Attorney for the Board D. Hetman 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.