Citation Nr: 21009040 Decision Date: 02/18/21 Archive Date: 02/18/21 DOCKET NO. 20-02 624 DATE: February 18, 2021 ORDER Entitlement to service connection for an acquired psychiatric disorder, to include posttraumatic stress disorder (PTSD) and/or other specified trauma and stressor related disorder (OSTSD), is granted. FINDING OF FACT There Veteran has current diagnoses of PTSD and OSTSD; there is medical evidence linking his current psychiatric symptoms with an in-service stressor; and there is credible supporting evidence that the Veteran’s claimed in-service stressor occurred. CONCLUSION OF LAW The criteria for entitlement to service connection for an acquired psychiatric disorder, to include PTSD and/or OSTSD, are met. 38 U.S.C. §§ 1131, 1154, 5107; 38 C.F.R. §§ 3.102, 3.303, 3.304(f). REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran served on active duty in the United States Marine Corps from September 1980 to September 1983. This matter comes before the Board of Veterans’ Appeals (Board) on appeal from a January 2018 rating decision by an Agency of Original Jurisdiction (AOJ) of the Department of Veterans Affairs (VA). In August 2020, the Veteran submitted a Motion to Advance his appeal on the docket due to serious illness. In September 2020, the Board granted the Veteran’s Motion to Advance his appeal on the docket. See September 2020 BVA Letter. In December 2020, the Veteran testified at a virtual hearing before the undersigned. At the hearing, the Veteran waived the right to have evidence newly-associated with the record considered by the AOJ. The record includes a letter acknowledging the Veteran’s request for his service medical records, see November 2018 Privacy Act Request Acknowledgment Letter, but there is no transmittal letter of record. However, the Veteran is not prejudiced by the Board acting on this matter without delay, as this decision is a full grant of the benefit sought on appeal. The Veteran asserts that he is entitled to service connection to PTSD related to an incident in service where his close friend died. See, e.g., January 2017 VA Form 21-0781 (Statement in Support of Claim for PTSD); December 2020 Board Hearing Transcript. The Board agrees. Service connection may be granted for a disability resulting from a disease or injury incurred in or aggravated by active service. 38 U.S.C. § 1131; 38 C.F.R. § 3.303. Service connection for PTSD requires (1) medical evidence diagnosing PTSD in accordance with 38 C.F.R. § 4.125(a); (2) a link, established by medical evidence, between a Veteran’s present symptoms and an in-service stressor; and (3) credible supporting evidence that the claimed in-service stressor occurred. See 38 C.F.R. § 3.304(f). Initially, the Board observes that the Veteran’s claimed stressor has been corroborated. See December 2017 Third Party Correspondence. Thus, the key issue in this appeal is whether the Veteran has a current psychiatric disorder related to this stressor. A January 2018 VA examiner diagnosed major depressive disorder (MDD) but not PTSD. See January 2018 VA Psychiatric Examination Report. However, this report does not adequately explain why the Veteran’s MDD is not related to military service, or why the Veteran does not have PTSD, and thus the report it is not probative. A January 2018 private behavioral health note includes diagnoses of PTSD, MDD, and substance use disorders. See March 2018 Medical Treatment Record. A May 2018 disability benefits questionnaire (DBQ) submitted by a private provider includes diagnoses of MDD, PTSD, generalized anxiety disorder (GAD), insomnia, and substance use disorders in remission. See May 2018 Psychiatric DBQ. This evidence weighs in favor of a current diagnosis of PTSD. However, these reports do not include an etiology opinion linking the diagnosed disorders to the Veteran’s military service, and thus they are not, standing alone, a sufficient basis for an award of service connection. The Veteran’s VA treatment notes include diagnoses of PTSD, OSTSD (sub-threshold PTSD), MDD, and substance use disorder in early remission. See February 19, 2019 VA PTSD Consultation Note (sub-threshold PTSD related to stressor in service); March 15, 2019 VA PTSD Consultation Note (same); November 4, 2019 VA Psychiatry Note (chronic PTSD). Critically, this evidence specifically links the Veteran’s OSTSD (subthreshold PTSD) symptoms with his military trauma. See February 19, 2019 VA PTSD Consultation Note. Moreover, the PTSD Consultation Notes explicitly state that the diagnosis of OSTSD is in conformance with the Diagnostic and Statistical Manual Volume 5 (DSM-5). A November 2019 VA examiner diagnosed MDD and substance use disorders. The November 2019 examiner confirmed that the Veteran’s stressor related to his friend’s death was sufficient to support a diagnosis of PTSD. However, the examiner explained that the Veteran experienced traumatic events in the military, but he did not report symptoms meeting the criteria for PTSD secondary to these events. Additionally, the examiner opined that the Veteran’s MDD was most likely due to the consequences of his substance use, and less likely due to military trauma, as the evidence showed that depressive symptoms emerged in recent years. See November 2019 VA Psychiatric Examination Report. Here, the evidence shows that the Veteran’s corroborated stressor is sufficient to support a diagnosis of PTSD. Moreover, the Veteran has been diagnosed with a current psychiatric disorder related to military trauma, although this disorder has been variously diagnosed as PTSD and as OSTSD. Thus, the evidence shows that the Veteran has a current diagnosis of an acquired psychiatric disorder, and that the symptoms of that disorder are related to an in-service stressor, and there is credible supporting evidence that this stressor occurred. The Veteran meets the criteria for service connection for PTSD set forth in 38 C.F.R. § 3.304(f), as well as the general criteria for service connection for OSTSD. Thus, it is not necessary for the Board to select one diagnosis over the other, as the record weighs in favor of service connection for both diagnoses. Accordingly, the Board will grant entitlement to service connection for an acquired psychiatric disorder, to include PTSD and/or OSTSD. The Board acknowledges that the November 2019 examiner opined that the Veteran’s symptoms did not meet the criteria for PTSD. However, the examiner did not discuss whether a diagnosis of OSTSD was supported by the record. Indeed, the Board emphasizes that the November 2019 examiner did not discuss the Veteran’s 2019 VA psychiatric treatment notes, including the diagnosis of OSTSD related to military trauma, and thus this examination report, including the characterization of the Veteran’s psychiatric disability as MDD, is not based on a full and complete history of the Veteran’s disability. Thus, the November 2019 examination report does not weigh against the award of service connection for PTSD and OSTSD. In sum, the most probative evidence shows a current diagnosis of an acquired psychiatric disorder, including PTSD and OSTSD, and there is medical evidence linking this disorder to the Veteran’s corroborated stressor. Accordingly, as the evidence is in favor of the claim, the appeal is granted. S. BUSH Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board D.M. Badaczewski, 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.