Citation Nr: 21005669 Decision Date: 02/02/21 Archive Date: 02/02/21 DOCKET NO. 16-62 409 DATE: February 2, 2021 ORDER Entitlement to service connection for posttraumatic stress disorder (PTSD) is denied. FINDING OF FACT The preponderance of the evidence is against finding that the Veteran has a current diagnosis of PTSD. CONCLUSION OF LAW The criteria for entitlement to service connection for PTSD have not been met. 38 U.S.C. §§ 1131, 5107; 38 C.F.R. §§ 3.303, 3.304. REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran had active duty service from August 1978 to August 1981. The Board of Veterans’ Appeals (Board) remanded the matters for further development in May 2018 and August 2020. In August 2020, the Board granted service connection for a psychiatric disorder other than PTSD, so the Board has limited its analysis here to PTSD. Service connection may be granted for a disability resulting from disease or injury incurred in or aggravated by service. 38 U.S.C. § 1131; 38 C.F.R. § 3.303(a). Service connection may also be granted for any disease diagnosed after discharge when all of the evidence establishes that the disease was incurred in service. 38 C.F.R. § 3.303(d). To prevail on the issue of service connection, there must be (1) medical evidence of a current disability; (2) medical, or in certain circumstances, lay evidence of in-service incurrence or aggravation of a disease or injury; and (3) medical evidence of a nexus between the claimed in-service disease or injury and the current disability. See Shedden v. Principi, 381 F.3d 1163, 1167 (Fed. Cir. 2004). The Veteran filed his claim for PTSD in November 2011. The Board has reviewed the Veteran’s record since November 2010, and finds no current diagnosis of PTSD. The Board notes the medical evidence negative for PTSD includes a December 2013 private mental disorders disabilities benefits questionnaire, a March 2020 VA examination, a May 2020 VA addendum opinion, and a November 2020 VA examination. The Veteran’s VA treatment records and private treatment records of record are largely negative for any diagnosis for PTSD. The Board notes that although the record is positive for a diagnosis for PTSD in June 2008 VA treatment notes; under McClain, the Veteran would need to provide evidence of diagnosed PTSD beginning one year prior to the November 2011 claim to reopen the service connection claim for PTSD. McClain v. Nicholson, 21 Vet. App. 319, 321 (2007). The Veteran did not submit new evidence or a timely substantive appeal within 60 days of the June 2010 statement of the case; therefore, the January 2009 denial of service connection for PTSD became final. 38 U.S.C. § 7105; 38 C.F.R. §§ 20.302(b); 20.1103. Accordingly, the June 2008 diagnosis of PTSD does not constitute a current diagnosis. The Board does acknowledge the Veteran’s lay reports of experiencing PTSD symptoms. The Veteran is competent to describe PTSD symptoms and in-service stressors, but does not have the training or credentials to provide a diagnosis of PTSD. See Jandreau v. Nicholson, 492 F.3d 1372 (Fed. Cir. 2007). Accordingly, his lay opinion lacks probative value and is substantially outweighed by the medical evidence findings of no diagnoses of PTSD. The Board acknowledges the Veteran’s sincere belief that the claimed disorder is related to service. The Board has carefully reviewed the record in depth, but it has been unable to identify a basis upon which service connection may be granted. The Board has weighed the evidence of record, and finds that the preponderance of the evidence is against the claim. As such, the benefit of the doubt rule is not applicable. See 38 U.S.C. § 5107(b); Gilbert v. Derwinski, 1 Vet. App. 49 (1990). A. C. MACKENZIE Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board B. N. Quarles, 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.