Citation Nr: 21007867 Decision Date: 02/10/21 Archive Date: 02/10/21 DOCKET NO. 18-35 218 DATE: February 10, 2021 ORDER Entitlement to service connection for an acquired psychiatric disability, claimed as posttraumatic stress disorder (PTSD) and depression, is granted. FINDING OF FACT The Veteran’s psychiatric disability is reasonably shown to be related to service. CONCLUSION OF LAW The criteria for service connection for a psychiatric disability have been met. 38 U.S.C. §§ 1110, 5107; 38 C.F.R. §§ 3.102, 3.303. REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran had active duty from August 2001 to August 2004. This matter is before the Board of Veterans’ Appeals (Board) on appeal from various rating decisions issued by the Department of Veterans Affairs (VA) Regional Office (RO). In an October 2016 rating decision, the RO denied, among others, service connection for a psychiatric disability. The Veteran submitted a timely notice of disagreement (NOD) in March 2017. On the NOD, the Veteran indicated that he was appealing all of the adjudicated determinations. The Board observes, however, in his July 2018 substantive appeal, the Veteran only lists service connection for psychiatric disability (PTSD). As such, this is the only issue before the Board. In January 2021, the Veteran testified at a Virtual Board hearing before the undersigned Veterans Law Judge. 1. Entitlement to service connection for a psychiatric disability Service connection will be granted if the evidence demonstrates that a current disability resulted from an injury or disease incurred or aggravated in active military service. 38 U.S.C. § 1110; 38 C.F.R. § 3.303(a). Service connection requires competent evidence showing: (1) the existence of a present disability; (2) 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. Shedden v. Principi, 381 F.3d 1163, 1167 (Fed. Cir. 2004). Post-service treatment records document the Veteran has been diagnosed with PTSD as well as depressive disorder. Thus, the first element of direct service connection is met. The Veteran reports that he lived in constant fear of hostile military activity. The Veteran served in the combat zone of the Southwest Theater of Operations, during the Gulf War. As such, the Board finds the second element of direct service connection is met. In a September 2016 VA examination, the VA examiner indicates that the Veteran’s stressors are related to his fear of hostile military terrorist activity; however, he did not meet the criteria for a PTSD diagnosis. In a January 2020 Disability Benefits Questionnaire (DBQ), the examiner found the Veteran met the criteria for PTSD based on his military service. Resolving all reasonable doubt in the Veteran’s favor, service connection for PTSD is warranted. The Board turns to the September 2016 VA examination and the January 2020 private DBQ. Both endorse the use of the DSM-V in evaluating the Veteran. Thus, they are both highly probative on whether the Veteran has a current diagnosis of PTSD. Although the September 2016 VA examiner declined to render a PTSD diagnosis, such a diagnosis was rendered in the January 2020 private evaluation. The private psychologist utilized the DSM-V criteria in his examination, finding that the Veteran’s reported stressors and symptomatology were adequate to support this diagnosis. Thus, the Board finds that the evidence is at least in equipoise as to whether the Veteran has a current PTSD diagnosis. Further, the evidence of record confirms that the Veteran was engaged in combat with the enemy and his claimed stressors, specifically those related to fear of enemy missile fire, sniper fire, and IED attacks, align with combat service as well as fear of hostile military or terrorist activity, and there is no clear and convincing evidence to the contrary. In view of the totality of the evidence, the Board finds the evidence is at least in relative equipoise regarding the claim of entitlement to service connection for PTSD. When the evidence is in relative equipoise, the benefit of the doubt doctrine provides that such reasonable doubt will be resolved in favor of the Veteran. See 38 U.S.C. § 5107; 38 C.F.R. § 3.102. Service connection for PTSD is warranted. H.M. WALKER Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board M. McPhaull, 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.