Citation Nr: 21008871 Decision Date: 02/18/21 Archive Date: 02/18/21 DOCKET NO. 16-61 877 DATE: February 18, 2021 ORDER Entitlement to service connection for an acquired psychiatric disorder (other than posttraumatic stress disorder (PTSD)) to include a personality disorder, fainting spells, and dizziness is denied. FINDING OF FACT The preponderance of the evidence of record is against finding that the Veteran has had for an acquired psychiatric disorder (other than PTSD) to include a personality disorder, fainting spells, and dizziness at any time during or approximate to the pendency of the claim. CONCLUSION OF LAW The criteria for service connection for an acquired psychiatric disorder (other than PTSD) to include a personality disorder, fainting spells, and dizziness are not met. 38 U.S.C. §§ 1110, 1131, 5107 (2012); 38 C.F.R. §§ 3.102, 3.303 (2020). REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran served honorably in the United States Navy from September 1970 to March 1971. Entitlement to service connection for an acquired psychiatric disorder (other than PTSD) to include a personality disorder, fainting spells, and dizziness The Veteran asserts he has a diagnosis of an acquired psychiatric disorder other than PTSD to include a personality disorder, fainting spells, and dizziness, which is related to service. At the February 2020 Board hearing the Veteran testified that following his military service, he experienced blackouts, violent behavior, acting out, sweats, and nightmares. He testified that while prior to service he had a few seizures, would faint, and had some dizzy spells, his experience post-military service was an entirely different set of behaviors. In an August 2020 Board decision, the Veteran was granted service connection for PTSD. The Board remanded the claim for an acquired psychiatric disorder (other than PTSD) to include depressive disorder, personality disorder, fainting spells, and dizziness in order to obtain additional medical opinions. In November 2020, following the additional development as ordered by the Board, the Regional Office granted a 50 percent rating for PTSD with depressed mood and blackouts effective January 27, 2011. Accordingly, as the symptoms for depression and blackouts have been incorporated in the Veteran’s 50 percent rating for PTSD, the remaining question before the Board is entitlement to service connection for an acquired psychiatric disorder to include a personality disorder, fainting spells, and dizziness. For the reasons discussed herein, the preponderance of the evidence shows no current impairments for an acquired psychiatric disorder to include a personality disorder, fainting spells, and dizziness. As an initial matter, under VA regulations, personality disorders are considered defects, and not “diseases or injuries” within the meaning of applicable legislation for VA disability compensation purposes. Therefore, personality disorders cannot be service connected either directly or on the basis of secondary causation or aggravation. See 38 C.F.R. §§ 3.303(c), 4.9, 4.127. Defects are defined as ‘structural or inherent abnormalities or conditions which are more or less stationary in nature.’ VAOPGCPREC 82-90. Congenital or developmental ‘defects,” such as personality disorders, automatically rebut the presumption of soundness and are considered to have pre-existed service. 38 C.F.R. § 3.303(c); Winn v. Brown, 8 Vet. App. 510, 516 (1996); see also Quirin v. Shinseki, 22 Vet. App. 390, 397 (2009). Therefore, while the medical records show a diagnosis for an antisocial personality disorder, the Veteran cannot be connected for a personality disorder as a matter of law. See VA Medical Center (VAMC) treatment dated January 27, 2012. Further, the Board notes that the November 2020 VA examiner found the Veteran did not meet the diagnostic criteria for a personality disorder. Further, a review of the available medical records does not show any diagnoses or treatment for an acquired psychiatric disorder other than PTSD to include fainting spells and dizziness. The Veteran was seen for a VA examination for the central nervous system and neuromuscular diseases in November 2020. The examiner found no evidence of a current disability of the central nervous system to include the claimed fainting spells. The examiner noted the claimed blackouts and fainting spells suggested emotional lability secondary to PTSD rather than a true neurological disorder. The Veteran was also seen for a mental impairment VA examination in October 2020. The examiner noted that the Veteran’s dizziness was not related to PTSD. The examiner noted the Veteran stated he would get dizzy when he stood up too quickly, which is a common occurrence. The Veteran denied fainting spells. The examiner attributed the Veteran’s blackouts, depression, and anxiety to his PTSD diagnosis. The existence of a current disability is the cornerstone of a claim for VA disability compensation. 38 U.S.C. § 1110. In other words, the evidence must show that, at some point during the appeal period, the Veteran has the disability for which benefits are being claimed. Here, for the reasons set forth above, the overall evidence of record weighs against a finding of an acquired psychiatric disorder other than PTSD to include fainting spells and dizziness at any time during the appeal period. At no time since the Veteran first filed a claim for service connection in January 2011 has an acquired psychiatric disorder other than PTSD to include fainting spells and dizziness been shown. See McClain v. Nicholson, 21 Vet. App. 319 (2007) (stipulating that a service connection claim may be granted if a diagnosis of a chronic disability was made during the pendency of the appeal, even if the most recent medical evidence suggests that the disability resolved). Based on this evidentiary posture, the Board concludes that the preponderance of the evidence is against the Veteran’s claim for service connection for an acquired psychiatric disorder other than PTSD to include fainting spells and dizziness. As the preponderance of the evidence is against this claim, the benefit-of-the-doubt rule does not apply, and the Veteran’s claim for service connection for an acquired psychiatric disorder other than PTSD to include fainting spells and dizziness is denied. See 38 U.S.C. § 5107. A. S. CARACCIOLO Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board Laura C. Owens 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.