Citation Nr: 21075011
Decision Date: 12/17/21	Archive Date: 12/17/21

DOCKET NO. 18-02 171
DATE: December 17, 2021

ORDER

Service connection for posttraumatic stress disorder (PTSD) is granted.

FINDING OF FACT

The preponderance of the evidence supports the finding that the Veteran's current diagnosis for PTSD is etiologically related to her military service.

CONCLUSION OF LAW

The criteria for service connection for PTSD 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 on active duty from June 1984 to June 1987. 

In February 2020, a Travel Board hearing was held before the undersigned Veterans Law Judge (VLJ).  A transcript of the hearing is of record. 

In February 2020, the Board remanded the current claim for additional development. 

Entitlement to service connection for an acquired psychiatric disorder, to include PTSD. 

Service connection may be established for disability resulting from disease or injury incurred in or aggravated by active military service.  38 U.S.C. § 1110. Service connection may also be granted for any disease initially diagnosed after discharge, when all of the evidence establishes that the disease was incurred in service.  38 C.F.R. § 3.303(d).

Establishing service connection for PTSD requires: (1) medical evidence diagnosing PTSD in accordance with 38 C.F.R. § 4.125(a); (2) credible supporting evidence that the claimed in-service stressor actually occurred; and (3) medical evidence of a link between current symptomatology and the claimed in-service stressor.  38 C.F.R. § 3.304(f) (requiring PTSD diagnoses to conform to the criteria in the Diagnostic and Statistical Manual of Mental Disorders, Fifth Edition (DSM-5)); see also Cohen v. Brown, 10 Vet. App. 128 (1997).

When there is an approximate balance of positive and negative evidence regarding the merits of an issue material to the determination of the matter, the benefit of the doubt in resolving each such issue shall be given to the claimant.  38 U.S.C. § 5107(b); 38 C.F.R. § 3.102.  When all of the evidence is assembled, VA is responsible for determining whether the evidence supports the claim or is in relative equipoise, with the appellant prevailing in either event, or whether a fair preponderance of the evidence is against the claim, in which case the claim is denied.  Gilbert v. Derwinski, 1 Vet. App. 49, 55 (1990).

After a thorough review of the record, the Board finds that the evidence is at least in equipoise as to whether the Veteran's PTSD is related to her active duty service.

In that regard, the Veteran's March 2020 VA examination shows that she has been diagnosed with PTSD and such diagnosis appears to conform to the DSM-5 criteria.  The March 2020 VA examiner also indicated that the Veteran's PTSD was at least as likely as not related to her in-service stressor and specifically noted the stressor of having a miscarriage in 1986 due to field exercises and subsequently experiencing symptoms of depression, anxiety, guilt, grief, and loss of respect for authority.  

There is also credible supporting evidence that such in-service stressor occurred, i.e., the final element for establishing service connection for PTSD.  In addition to the Veteran's service treatment records reflecting that she had a miscarriage (see June 1994 Separate Report of Medical History), her reports regarding this in-service stressor have largely been consistent throughout the record.  The Veteran also submitted a statement from a fellow service member who attested to the events regarding the Veteran's in-service miscarriage.  See July 2020 Lay Statement.  As such, in affording the Veteran the benefit of the doubt, the Board finds her reported stressor to be credible and consistent with the circumstances of her service.

In sum, the Board finds that the evidence is at least in equipoise as to whether the requisite criteria for establishing service connection for PTSD have been met. Thus, in resolving reasonable doubt in the Veteran's favor, service connection for PTSD is granted.  See 38 U.S.C. § 5107(b); 38 C.F.R. § 3.102; Gilbert, 1 Vet. App. at 49. 

 

A. ISHIZAWAR

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	Metzner, Paul

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.