Citation Nr: 21077175 Decision Date: 12/28/21 Archive Date: 12/28/21 DOCKET NO. 15-08 528 DATE: December 28, 2021 ORDER Entitlement to service connection for posttraumatic stress disorder (PTSD) is granted. FINDING OF FACT Resolving reasonable doubt in the Veteran's favor, his currently diagnosed PTSD condition is at least as likely as not related to in service stressors involving fear of military hostility. CONCLUSION OF LAW The criteria for service connection for PTSD are met. 38 U.S.C. §§ 1110, 1131, 5107; 38 C.F.R. §§ 3.102, 3.303. REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran had active-duty service from August 1973 to August 1976. This matter comes before the Board of Veterans' Appeals (Board) from an October 2013 rating decision issued by a Department of Veterans Affairs (VA) Regional Office (RO). The Veteran's claim was previously remanded by the Board in June 2021 to obtain a VA examination assessing the nature and etiology of the Veteran's claimed for condition. Upon remand, the Veteran was afforded an August 2021 VA examination and medical opinion, and to that extent, the Board finds that its June 2021 remand directives were substantially complied with. See Stegall v. West, 11 Vet. App. 268, 271 (1998). Service Connection Service connection may be granted for disability resulting from disease or injury incurred in or aggravated by active service. 38 U.S.C. §§ 1110, 1131, 5107; 38 C.F.R. § 3.303. The three-element test for service connection requires evidence of: (1) a current disability; (2) in-service incurrence or aggravation of a disease or injury; and (3) a causal relationship between the current disability and the in-service disease or injury. Shedden v. Principi, 381 F.3d 1163, 1166 -67 (Fed. Cir. 2004). Service connection for PTSD requires medical evidence diagnosing the condition in accordance with 38 C.F.R. § 4.125(a); 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); 38 C.F.R. § 4.125 (requiring PTSD diagnoses to conform to the DSM-IV/5). A stressor may be proven by way of lay statements alone if a Veteran claims a stressor due to fear of hostile military or terrorist activity, the claimed stressor is consistent with the circumstances of service, and a VA or VA-contracted psychiatrist or psychologist confirms that the claimed stressor is adequate to support a PTSD diagnosis and that the Veteran's symptoms are related to the claimed stressor. 38 C.F.R. § 3.304(f)(3). 1. Entitlement to service connection for posttraumatic stress disorder (PTSD) The Veteran claims he is entitled to service connection for PTSD, as the condition is medically related to fear of hostile military activity, namely the threat of a nuclear missile event during the Cold War while stationed in Germany. See September 2020 Statement in Support of Claim; August 2021 VA examination report. As to the first element of Shedden, for service connection the Veteran must show a current disability. Per the August 2021 VA examination report, the Veteran has a current diagnosis of PTSD, and therefore the Board finds that the first Shedden element to service connection has been met. As to the second element of Shedden, for service connection the Veteran must show an in-service incurrence or aggravation of a disease or injury. Here, the Veteran alleges that his currently diagnosed PTSD stems from his fear of a nuclear event occurring while stationed in Germany during the Cold War. Per the Veteran's military personnel records, the Veteran was assigned to the 3rd Missile Battalion, 84th Artillery Regiment and was deployed to Heilbronn, West Germany under the 56th Field Artillery Group. Additionally, the Board is able to confirm that said battalion was equipped with nuclear weapons. Here, the Board notes that corroboration of every detail of the stressor event is not required. See Pentecost v. Principi, 16 Vet. App. 124, 128 (2002). Moreover, a veteran's actual presence during the stressor event need not be specifically corroborated if the evidence shows that he was assigned to and stationed with a unit that was present when a reported event that has otherwise been verified occurred, as such evidence strongly suggests actual exposure to the stressor event. Id. Thus, as the Veteran's lay statements are consistent with the places, types, and circumstances of his service, the Board is willing to resolve reasonable doubt in his favor and find that his claim meets the second Shedden element to service connection. See 38 U.S.C. § 1154 (a); 38 C.F.R. § 3.303 (a); 38 U.S.C. § 5107 (b). As to the last element of Shedden, for service connection the Veteran must show a causal relationship between the current disability and the in-service injury, disease or event. The August 2021 VA examiner provided a positive nexus opinion linking the Veteran's currently diagnosed PTSD condition to his alleged fear of military hostility. Thus, as the August 2021 VA examiner confirmed that the claimed stressor is adequate to support a PTSD diagnosis and that the Veteran's symptoms are related to his claimed stressor, the Board ultimately finds that the Veteran's claim meets all of the Shedden elements for service connection and is therefore granted. See 38 C.F.R. § 3.304(f)(3). Bethany L. Buck Veterans Law Judge Board of Veterans' Appeals Attorney for the Board S.R. Fey, 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.