Citation Nr: 21006169 Decision Date: 02/03/21 Archive Date: 02/03/21 DOCKET NO. 16-52 236 DATE: February 3, 2021 ORDER Entitlement to service connection for an acquired psychiatric disorder, to include other specified trauma and stressor-related disorder, is granted. FINDINGS OF FACT 1. The Veteran has a current diagnosis of other specified trauma and stressor-related disorder. 2. Resolving all reasonable doubt in his favor, the Veteran’s other specified trauma and stressor-related disorder is causally related to service. CONCLUSION OF LAW The criteria for entitlement to service connection for an acquired psychiatric disorder, to include other specified trauma and stressor disorder, 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 served on active duty from June 1973 to July 1974. This matter comes before the Board of Veterans’ Appeals (Board) on appeal from a December 2015 rating decision by the Department of Veterans Affairs (VA) Regional Office (RO) in Buffalo, New York. This matter was previously before the Board in December 2019. At that time, the Board remanded for consideration of VA treatment records in the first instance by the Agency of Original Jurisdiction (AOJ). The Board also directed that an updated VA examination be conducted to address the nature and etiology of the Veteran’s psychiatric diagnoses. As the record reflects that the Veteran was afforded a VA examination in February 2020 and the AOJ has issued a supplemental Statement of the Case (SSOC), the Board finds that there has been substantial compliance with the remand directives. See Stegall v. West, 11 Vet. App. 268, 271 (1998). Service Connection Generally, service connection will be granted if the evidence demonstrates that a current disability resulted from a disease or injury incurred in active military service. 38 U.S.C. §§ 1110, 1131; 38 C.F.R. § 3.303(a). Establishing service connection requires evidence of a current disability, an in-service incurrence, disease or injury and a causal relationship between the current disability and the in-service incurrence, disease or injury. Saunders v. Wilkie, 886 F.3d 1356, 1361 (Fed. Cir. 2018). When there is an approximate balance of positive and negative evidence regarding any issue material to the determination of a matter, VA shall resolve reasonable doubt in favor of the claimant. 38 U.S.C. § 5107; 38 C.F.R. § 3.102; Gilbert v. Derwinski, 1 Vet. App. 49 (1990). To deny a claim on its merits, the evidence must preponderate against the claim. Alemany v. Brown, 9 Vet. App. 518 (1996). Initially, the Board finds that there is a current disability, as the February 2020 VA examiner diagnosed the Veteran with other specified trauma and stressor-related disorder. Accordingly, the first element of service connection is met. Second, the Board finds that there was an in-service event. The Veteran contends that his condition is a result of physical altercations he had with non-commissioned officers (NCOs) while in service. The Veteran’s military personnel records document that the Veteran had encounters with NCOs while in service. Specifically, the Veteran was found guilty of disrespect of an NCO in May 1974, he received counseling for disrespect to NCOs and was eventually deemed unsuitable for service based on, among other things, disobeying and assaulting an NCO. Based on the foregoing, there is credible evidence of physical altercations between the Veteran and NCOs while in service. The Board finds the Veteran’s statements and testimony that he was harassed by an NCO in service and had a physical altercation with an NCO credible and entitled to probative weight. As such, the Veteran is able to establish the second element for service connection. As to the nexus element, the February 2020 VA examiner concluded that the Veteran’s symptoms were consistent with a diagnosis of other specified trauma and stressor-related disorder was a legitimate mental health disorder “caused by or resulting from his physical altercations in the military.” A December 2015 VA examination also noted that that Veteran was diagnosed with other specified trauma and stressor-related disorder that was at least as likely as not caused by service. A December 2015 VA medical opinion, however, concluded that the Veteran’s stressor information was not credible. The Board finds the opinions relating the Veteran’s condition to service entitled to probative weight as they are based on review of the relevant records, the Veteran’s reported and documented incidents in service and his current symptoms. Nieves-Rodriguez v. Peake, 22 Vet. App. 295, 30102 (2008). As noted, the Board finds the Veteran’s reports of physical altercations in service credible. Accordingly, the VA medical opinion based on the lack of credible stressor information is not entitled to probative weight. The Board notes that the benefit granted herein is service connection for specified trauma and stressor-related disorder, although the issue on appeal was previously characterized as entitlement to service connection for PTSD and major depressive disorder. There are diagnoses of PTSD and major depressive disorder during the appeal period. However, the February 2020 VA examination report found that the stressor-related disorder was the only mental health diagnosis. This opinion was provided upon a review of the claims file, to include the relevant medical records that contained the other diagnoses. Accordingly, the Board accords this opinion significant probative value and grants service connection for specified trauma and stressor-related disorder. S.C. KREMBS Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board M. Snyder, 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.