Citation Nr: 21073440 Decision Date: 12/08/21 Archive Date: 12/08/21 DOCKET NO. 18-38 186 DATE: December 8, 2021 ORDER Service connection for posttraumatic stress disorder (PTSD) and depression is granted. FINDING OF FACT The Veteran has PTSD and depression as a result of an in-service stressor. CONCLUSION OF LAW The criteria for service connection for PTSD and depression are met. 38 U.S.C. §§ 1131, 5107; 38 C.F.R. §§ 3.102, 3.303, 3.304. REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran served on active duty from June 1982 to March 1988. The case is on appeal from a March 2017 rating decision. In December 2021, the Veteran testified at a Board hearing. Additional evidence was submitted and the Veteran waived initial RO consideration. See 38 C.F.R. § 20.1305(c). Service connection for PTSD and depression. Legal Criteria Service connection may be granted for a disability resulting from a disease or injury incurred in or aggravated by active service. See 38 U.S.C. § 1131; 38 C.F.R. § 3.303. A veteran seeking compensation under these provisions must establish three elements: "(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." Saunders v. Wilkie, 886 F.3d 1356, 1361 (Fed. Cir. 2018) (quoting Shedden v. Principi, 381 F.3d 1163, 1167 (Fed. Cir. 2004)). Service connection for PTSD requires medical evidence diagnosing the condition in accordance with 38 C.F.R. § 4.125(a) (i.e., under the criteria of DSM); a link, established by medical evidence, between current symptoms and an in-service stressor; and credible supporting evidence that the claimed in-service stressor occurred. 38 C.F.R. § 3.304(f). There are special considerations for PTSD claims predicated on a personal assault. The pertinent regulation, 38 C.F.R. § 3.304(f)(5), provides that PTSD based on a personal assault in service permits evidence from sources other than the Veteran's service records which may corroborate his or her account of the stressor incident. Examples of such evidence include, but are not limited to: records from law enforcement authorities, rape crisis centers, mental health counseling centers, hospitals, or physicians; pregnancy tests or tests for sexually transmitted diseases; and statements from family members, roommates, fellow service members, or clergy. In addition, an after-the-fact medical opinion can serve as the credible supporting evidence of the stressor. Id.; Menegassi v. Shinseki, 638 F.3d 1379, 1382-83 (Fed. Cir. 2011). Analysis The Veteran is seeking service connection for PTSD and depression due to personal assault. In a November 2017 correspondence, the Veteran reported that she was sexually assaulted by her first husband in 1983 and has experienced severe psychiatric symptoms since the assault. In February 2017 and November 2017, the Veteran submitted statements from friends and family members. The statements all report that her first husband was violent and abusive. The statements also indicate that the Veteran exhibited the onset of psychiatric symptoms after the personal assault. The Veteran's post-service VA treatment records show that she attended a psychiatric evaluation in May 2014. She reported experiencing psychiatric symptoms related to the personal assault. The examining psychiatrist diagnosed the Veteran with PTSD and depressive disorder. The Veteran submitted a letter from a crisis counselor in February 2020. The counselor stated that the Veteran reports being sexually assaulted by her first husband during service. The counselor found that the Veteran is a reliable historian and that she demonstrates the symptoms of a traumatized person who is continuing to struggle with symptoms related to the personal assault. In November 2021, the Veteran submitted a letter from a VA licensed clinical social worker. The social worker reported treating the Veteran for a year. The social worker found that it is highly likely that the Veteran's diagnosed PTSD and depression are a direct result of the personal assault. The Board finds that the Veteran has PTSD and depression due to the in-service personal assault. The Veteran has competently and credibly reported her in-service experiences and subsequent psychiatric symptoms. Her reports are supported by statements from several friends and family members that confirm her first husband was violent and abusive. In addition, a VA psychiatrist that found that she has PTSD and depression. Furthermore, the Veteran submitted a statement from a VA social worker who found her account of the personal assault credible and that it is highly likely that it causes her current psychiatric conditions. This is sufficient, credible supporting evidence to corroborate the reported in-service stressors. In this regard, it is not expected that a personal assault would be recorded in official records. See 38 C.F.R. § 3.304(f)(5); Menegassi, 638 F.3d at 1382-83. Therefore, the Board finds that the Veteran has PTSD and depression as a result of an in-service stressor. See 38 U.S.C. § 5107(b); 38 C.F.R. § 3.102. Accordingly, service connection for PTSD and depression is warranted. RYAN T. KESSEL Veterans Law Judge Board of Veterans' Appeals Attorney for the Board D. Jimerfield 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.