Citation Nr: 21009759 Decision Date: 02/23/21 Archive Date: 02/23/21 DOCKET NO. 18-39 535 DATE: February 23, 2021 ORDER Service connection for an acquired psychiatric disorder is granted. FINDING OF FACT The competent and probative evidence is at least in equipoise as to whether an acquired psychiatric disorder had its onset in or is otherwise related to the Veteran’s period of service. CONCLUSION OF LAW The criteria for service connection for an acquired psychiatric disorder are met. 38 U.S.C. §§ 1131, 5107; 38 C.F.R. §§ 3.102, 3.303, 3.304. REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran served on active duty from November 1983 to October 1987. This case is before the Board of Veterans’ Appeals (Board) on appeal from an October 2017 rating decision from a Department of Veterans Affairs (VA) Regional Office (RO). In February 2021, the Veteran testified at a Board hearing. The transcript of the hearing has been associated with the record. The Veteran contends he has posttraumatic stress disorder (PTSD) due to military sexual trauma (MST). He started to drink heavily while still in service to cope with his experience. He notes he was reluctant to seek help or discuss the MST once he did seek psychological help because of feelings of guilt and shame, including during group therapy with combat Veterans. See 02/10/2021, Hearing Transcript. Service connection will be granted for a current disability that resulted from an injury, disease, or aggravation while in active service. 38 U.S.C. §§ 1131; 38 C.F.R. § 3.303(a). Generally, service connection requires (1) a present disability, (2) in-service incurrence or aggravation of a disease or injury, and (3) a nexus between the present disability and the in-service incurrence or aggravation of a disease or injury. See Shedden v. Principi, 381 F.3d 1163, 1167 (Fed. Cir. 2004). Service connection for a psychiatric disorder requires medical evidence to diagnose the disorder per the American Psychiatric Association: Diagnostic and Statistical Manual of Mental Disorders (5th ed. 2013) (DSM-5), medical evidence to establish a medical link between the current symptoms and an in-service stressor, and credible supporting evidence that the claimed in-service stressor occurred. 38 C.F.R. §§ 3.304(f), 4.125(a). The Veteran is competent to report symptoms and experiences he can observe. See Jandreau v. Nicholson, 492 F.3d 1372, 1377 (Fed. Cir. 2007); 38 C.F.R. § 3.159(a). VA must give due consideration to all pertinent medical and lay evidence in evaluating a claim for disability benefits. Davidson v. Shinseki, 581 F.3d 1313, 1316 (Fed Cir. 2009). When there is an approximate balance of positive and negative evidence regarding any issue material to the determination of a matter, VA shall give the benefit of the doubt to the claimant. 38 U.S.C. § 5107(b); Gilbert v. Derwinski, 1 Vet. App. 49, 57-58 (1990); 38 C.F.R. § 3.102. The evidence is at least in equipoise as to whether the Veteran has an acquired psychiatric disorder that began during active service. The record contains a competent diagnosis under the DSM-5 of PTSD, major depressive disorder (MDD), alcohol use disorder, other specified trauma and stressor-related disorder, and avoidant personality disorder; accordingly, competent evidence of a current disability is found. 04/29/2019, C&P Exam; 04/21/2019, Medical Treatment Record (MTR)–Non-Government Facility (NGF). The Veteran’s April 1983 enlistment examination indicates the Veteran was sound upon admission into the Army. 07/21/2017, STR–Medical; see also 38 C.F.R. § 3.304(b). An April 2019 private psychologist found it is more likely than not that the Veteran’s PTSD results from his time in service and that he has been using alcohol to mask both the depression and PTSD symptoms for over 23 years. 04/21/2019, MTR–NGF. In April 2019, a VA examiner opined the Veteran’s acquired psychiatric disorder was less likely than not incurred in or caused by the claimed in-service event. He provided the rationale that he found no marker evidence to support the MST stressor, and that multiple VA treatment records indicate the Veteran stated his problems were due to childhood trauma. 04/29/2019, C&P Exam. With consideration of the totality of the relevant evidence, the competent and probative lay and medical evidence of a traumatic in-service event and private examiner’s positive nexus opinion are at least in equipoise with the VA examiner’s negative opinion as to whether the current acquired psychiatric disorder had its onset in or is otherwise related to the Veteran’s period of active service. Any doubt on the material issue of nexus is resolved in the Veteran’s favor, and the claim of (Continued on next page) service connection for an acquired psychiatric disorder is granted. See 38 U.S.C. § 5107; 38 C.F.R. §§ 3.102. JAMES L. MARCH Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board S. Costa, 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.