Citation Nr: 21006141 Decision Date: 02/03/21 Archive Date: 02/03/21 DOCKET NO. 15-13 524 DATE: February 3, 2021 ORDER Entitlement to service connection for an acquired psychiatric disorder is granted. FINDING OF FACT Resolving reasonable doubt in favor of the Veteran, his diagnosed unspecified trauma and stressor-related disorder is etiologically due to his active military service. CONCLUSION OF LAW The criteria for entitlement to service connection for an acquired psychiatric disorder have been met. 38 U.S.C. § 1110, 5103, 5107; 38 C.F.R. § 3.102, 3.159, 3.303. REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran served on active duty from August 1973 to June 1976 and from June 1976 to February 1997. This matter comes before the Board of Veterans’ Appeals (Board) on appeal from an October 2012 rating decision issued by a Department of Veterans Affairs (VA) Regional Office (RO). In September 2018, the Veteran testified at a videoconference hearing before the undersigned Veterans Law Judge (VLJ). A transcript of that proceeding has been associated with the record. The Board previously remanded the case in May 2019 for additional development. The requested development has been completed to the extent possible and no further action is necessary to comply with the Board’s remand directives. Stegall v. West, 11 Vet. App. 268 (1998). The Board is expanding the Veteran’s original claim of entitlement to service connection for posttraumatic stress disorder (PTSD) to one of entitlement to service connection for an acquired psychiatric disorder, as the record indicates other psychiatric diagnoses. See Clemons v. Shinseki, 23 Vet. App. 1 (2009) (when a claimant makes a claim, he is seeking service connection for symptoms regardless of how those symptoms are diagnosed or labeled). Entitlement to service connection for an acquired psychiatric disorder is granted. A veteran is entitled to VA disability compensation if there is a disability resulting from personal injury suffered or disease contracted in the line of duty in active service, or for aggravation of a preexisting injury suffered or disease contracted in the line of duty in active service. 38 U.S.C. § 1110. Generally, to establish a right to compensation for a present disability, a veteran must show: (1) a present disability; (2) an in-service incurrence or aggravation of a disease or injury; and (3) a causal relationship between the present disability and the disease or injury incurred or aggravated during service, the so-called “nexus” requirement. Shedden v. Principi, 381 F.3d 1163, 1167 (Fed. Cir. 2004). Service connection means the facts, shown by evidence, establish that a particular injury or disease resulting in disability was incurred coincident with service, or if preexisting such service, was aggravated by service. This may be accomplished by affirmatively showing inception or aggravation during service. 38 C.F.R. § 3.303(a). Service connection may be granted for disability shown after service, when all of the evidence, including that pertinent to service, shows that it was incurred in service. 38 C.F.R. § 3.303(d). The Board notes that while entitlement to service connection for PTSD requires verification of a claimed stressor, entitlement to service connection for a psychiatric disorder other than PTSD does not require verification of a claimed stressor. However, service connection for a psychiatric disorder does still require a nexus between a diagnosed psychiatric disorder and service. Service treatment records show that on a November 1996 Report of Medical History, the Veteran endorsed frequent trouble sleeping, depression or excessive worry, loss of memory or amnesia, and nervous trouble of any sort. The Veteran reported depression about possible aftereffects of the Gulf War/1991, ongoing trouble sleeping since the Gulf War/1991, shortness of breath and pressure in the chest since 1991, and loss of memory and trouble concentrating on important issues since 1991. In an October 2010 statement, the Veteran reported that he was in Riyadh when an air war started during Desert Shield/Storm. He stated that he never forgot how he felt and the destruction the Scud missiles caused when they were fired on the city. The Veteran noted he could not forget the smells or the horrors he saw when he helped the locals dig out of the strikes on the city. The Veteran also recounted another Scud attack on the city that destroyed a building used by soldiers from other countries. American soldiers were just leaving when the attack happened. They returned to help the injured soldiers. The Veteran reported that seeing the injured left him shaken. In April 2012, Stressor Verification research showed Scud events in Riyadh. The RO indicated that the Veteran’s PTSD stressor was verified. The Veteran was afforded a VA examination in September 2020. The Veteran reported that while serving in the military, a Scud missile had hit a recreation building. He was a part of a detail that had to recover the bodies. The VA examiner diagnosed the Veteran with unspecified trauma and stressor-related disorder but noted that the Veteran did not meet the criteria for a diagnosis of PTSD. Associated symptoms included depressed mood, anxiety, and chronic sleep impairment. The examiner opined that the Veteran’s diagnosed unspecified trauma and stressor-related disorder was at least as likely as not a result of his in-service stressor related event. The examiner noted that the Veteran served in Southwest Asia from October 1990 to April 1991 and received the Southwest Asia Service Medal with three Bronze Stars, the Kuwait Liberation Medal, and a Parachutist Badge. A Stressor Verification dated in April 2012 indicated “PTSD stressor verified.” The examiner further explained that the Veteran’s military records showed evidence of trauma and stressor -related symptoms. Specifically, a November 1996 Report of Medical Examination indicated that the Veteran endorsed nervous trouble of any sort. The report also noted trouble sleeping since Gulf War/1991 and that the problem persisted; depression about the possible aftereffects of the Gulf War; and loss of memory and trouble concentrating since 1991. The Veteran’s wife provided collateral report that supported the Veteran’s behavior change and ongoing trauma/stressor-related symptoms. The examiner noted that based on the Veteran’s self and collateral reports, presentation, and military and medical history, his symptoms were consistent with a diagnosis of unspecified trauma and stressor-related disorder according to the American Psychiatric Association’s Diagnostic and Statistical Manual of Mental Disorders, Fifth Edition (DSM-5). (Continued on the next page)   Given the foregoing, reasonable doubt has been resolved in favor of the Veteran and entitlement to service connection for an acquired psychiatric disorder, unspecified trauma and stressor-related disorder, is granted. 38 U.S.C. § 5107(b); Gilbert v. Derwinski, 1 Vet. App. 49, 55 (1990). KRISTI L. GUNN Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board L. Silverblatt, 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.