Citation Nr: A21020215 Decision Date: 12/17/21 Archive Date: 12/17/21 DOCKET NO. 200108-59366 DATE: December 17, 2021 ORDER Entitlement to service connection for posttraumatic stress disorder (PTSD) is denied. FINDING OF FACT The competent evidence of record does not support a finding that the Veteran is diagnosed with PTSD that began during service or is otherwise linked to a verified in-service stressor. CONCLUSION OF LAW The criteria for entitlement to service connection for PTSD have not been met. 38 U.S.C. §§ 1110, 5107(b); 38 C.F.R. §§ 3.102, 3.303(a), 3.304(f). REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran served on active duty from July 1973 to July 1975, with additional service in the United States Navy Reserve. This matter comes before the Board of Veterans' Appeals (Board) on appeal from a June 2019 rating decision of the Department of Veterans Affairs (VA) Regional Office (RO). In the January 2020 VA Form 10182, Decision Review Request: Board Appeal, the Veteran elected the Hearing docket. Therefore, the Board may only consider the evidence of record at the time of the agency of original jurisdiction (AOJ) decision on appeal, as well as any evidence submitted by the Veteran or his representative at the hearing or within 90 days following the hearing. 38 C.F.R. § 20.302(a). In June 2021, the Veteran testified before the undersigned Veterans Law Judge. A transcript of the proceeding has been associated with the claims file. The Veteran contends that he has PTSD as a result of assisting with the processing of bodies following the crash of an aircraft involved in Operation Babylift in April 1975. 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 in-service stressor occurred. 38 C.F.R. § 3.304(f). A veteran's lay testimony alone may establish the occurrence of the claimed in-service stressor in the absence of clear and convincing evidence to the contrary, if the veteran engaged in combat with the enemy, the claimed stressor is related to that combat, and the claimed stressor is consistent with the circumstances, conditions, or hardships of the veteran's service. 38 C.F.R. § 3.304(f)(2). Here, the Veteran did not have combat service. The Board concludes that, while the Veteran has undergone treatment for and has positive screenings for PTSD, the preponderance of the evidence weighs against finding that the Veteran is diagnosed with PTSD that began during service or is otherwise related to an in-service injury, event, or disease. The record does not include credible supporting evidence the claimed in-service stressor occurred. The Veteran's service treatment records show no diagnosis of or mention of any psychiatric disorder. VA treatment records show the Veteran was first treated for PTSD in 2017. While the Veteran has undergone treatment for PTSD, a July 2018 treatment records note includes the observation that the does not have a formal diagnosis of PTSD. Even if the record showed a PTSD diagnosis based on the Diagnostic and Statistical Manual of Mental Disorders (DSM) criteria, the Veteran's reported stressor has not been corroborated. The RO attempted to verify the Veteran's claimed stressor but was unable to verify if any bodies were brought to Norfolk Naval Air Station for identification following the April 1975 aircraft crash, nor were they able to verify that the Veteran was temporarily assigned to Norfolk Naval Air Station based on deck logs of the USS Puget Sound, the Veteran's primary duty location. The Veteran's personnel records do not contain evidence of any temporary duty assignment. The Veteran testified that he was detailed from the USS Puget Sound to Norfolk Naval Air Station during April 1975. He has also submitted statements from fellow servicemembers that state the Veteran was assigned to the USS Puget Sound and was detailed to Norfolk for a week in April 1975; however, the servicemembers' statements do not corroborate the occurrence of the Veteran's claimed in-service stressor, specifically, that the Veteran was involved in the processing of bodies following the aircraft crash. The Board finds that the Veteran's in-service stressor account is unverified and is not corroborated by the evidence of record, and thus the preponderance of the evidence is against a finding that the Veteran's reported in-service stressor occurred. While the Veteran has attended treatment sessions for PTSD, as noted above, he does not have a diagnosis related to a verified in-service stressor. As such, the requirements of 38 C.F.R. § 3.304(f) are not satisfied. Accordingly, service connection for PTSD is not warranted and the claim must be denied. 38 U.S.C. § 5107 (b); Gilbert v. Derwinski, 1 Vet. App. 49 (1990). MICHAEL E. KILCOYNE Veterans Law Judge Board of Veterans' Appeals Attorney for the Board V. Geer, 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.