Citation Nr: 21074894 Decision Date: 12/16/21 Archive Date: 12/16/21 DOCKET NO. 17-51 053 DATE: December 16, 2021 ORDER Service connection for an acquired psychiatric disorder, diagnosed as an other specified trauma and stressor-related disorder, is granted. FINDING OF FACT Resolving reasonable doubt in the Veteran's favor, his other specified trauma and stressor-related disorder is at least as likely as not related to his active service. CONCLUSION OF LAW The criteria for service connection for an acquired psychiatric disorder, diagnosed as an other specified trauma and stressor-related disorder, have been met. 38 U.S.C. §§ 1110, 5107; 38 C.F.R. §§ 3.102, 3.303. REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran served in the United States Marine Corps Reserve and had a period of active service from May 2009 to June 2010, including service in Iraq. Service connection may be granted for disability resulting from disease or injury incurred in or aggravated by active service. 38 U.S.C. § 1110; 38 C.F.R. § 3.303(a). Service connection may be granted for any disease diagnosed after discharge when all the evidence, including that pertinent to service, establishes that the disease was incurred in service. 38 C.F.R. § 3.303(d). Service connection requires competent evidence of (1) a current disability; (2) the incurrence or aggravation of a disease or injury during service; and (3) a causal relationship between the current disability and the disease or injury incurred or aggravated during service. Shedden v. Principi, 381 F.3d 1163 (Fed. Cir. 2004). Service connection for PTSD requires (1) medical evidence of a diagnosis of PTSD in accordance with 38 C.F.R. § 4.125(a) (i.e., Diagnostic and Statistical Manual for Mental Disorders); (2) credible supporting evidence that the claimed in-service stressor occurred; and (3) medical evidence of a link between current symptoms and the claimed in-service stressor. 38 C.F.R. § 3.304(f). When the claimed in-service stressor is related to the veteran's "fear of hostile military or terrorist activity," the following shall be demonstrated to establish service connection for PTSD: 1) the claimed stressor is consistent with the places, types and circumstances of the veteran's service; 2) a VA psychiatrist or psychologist, or contract equivalent, confirms the claimed stressor is adequate to support a diagnosis of PTSD; and 3) the veteran's symptoms are related to the claimed stressor. 38 C.F.R. § 3.304(f)(3). The Veteran asserts that he has an acquired psychiatric disorder, to include posttraumatic stress disorder (PTSD), due to the fear of hostile military activity while serving in Iraq. On an October 2009 in-service post-deployment health assessment, the Veteran indicated that emotional problems have made very difficult his ability to work, take care of things at home, and get along with other people. He also indicated that he never felt that he was in great danger of being killed during the deployment. He reported that he had been bothered by having little interest or pleasure in doing things and by feeling down, depressed, and hopeless. The examiner indicated that no referral was necessary. The Veteran's service discharge form shows that he served in Iraq from August 2009 to October 2009 and received imminent danger pay. Post service, a March 2015 private treatment record reflects a history of irritability, anxiety and depression and indicates that he has been having problems with his girlfriend. The diagnosis was of a mood disorder, not otherwise specified, partner-relational. A May 2015 private treatment record shows a history of irritability and frustration that have been worsening over the past few years as well as issues with anxiety and irritability after returning from Iraq. The diagnosis was of a mood disorder, not otherwise specified. At an October 2016 VA examination, the Veteran reported combat service in Iraq. The examiner noted the Veteran's stressor of exposure to war as a combatant while he was stationed in Iraq where he was exposed to episodes of enemy attack that caused actual or threatened harm to him and to the physical integrity of others. The examiner indicated that this stressor meets Criterion A, as it is adequate to support a diagnosis of PTSD. The examiner indicated that the stressor is related to the Veteran's fear of hostile military or terrorist activity. However, the examiner indicated that the Veteran's symptoms do not meet the diagnostic criteria for a diagnosis of PTSD, as he did not meet Criterion D. [The Veteran only met one criterion, where two are needed.] The examiner diagnosed an other specified trauma and stressor-related disorder. The examiner then stated that the disorder appears largely a manifestation of the Veteran's exposure to stressful military experiences while deployed to Iraq. Given the above, private treatment records show that the Veteran was diagnosed with a mood disorder due to relationship issues that appeared to have worsened after his deployment to Iraq. While the VA examination revealed that the Veteran does not have PTSD, it revealed a diagnosis of an other specified trauma and stressor-related disorder, which the examiner related to the Veteran's combat service in Iraq. As the Veteran's service discharge form shows that he received imminent danger pay for his service in Iraq, his participation in combat is conceded. Unfortunately, the agency of original jurisdiction focused on the lack of a diagnosis of PTSD and the lack of information required to verify the Veteran's stressor in denying his claim. However, the evidence indicates that the Veteran has a psychiatric disorder related to his combat service in Iraq. In light of the circumstances in this case, and resolving reasonable doubt in the Veteran's favor, the Board finds that his other specified trauma and stressor-related disorder is at least as likely as not related to active service. 38 U.S.C. § 5107(b); Gilbert v. Derwinski, 1 Vet. App. 49 (1990). Accordingly, the Board concludes that service connection for an acquired psychiatric disorder, diagnosed as an other specified trauma and stressor-related disorder, is warranted. THERESA M. CATINO Veterans Law Judge Board of Veterans' Appeals Attorney for the Board J. W. Kim, 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.