Citation Nr: 21015091 Decision Date: 03/16/21 Archive Date: 03/16/21 DOCKET NO. 15-36 409 DATE: March 16, 2021 ORDER Entitlement to service connection for post-traumatic stress disorder (PTSD) is granted. FINDING OF FACT It is at least as likely as not that the Veteran has a current diagnosis of PTSD related to his active military service. CONCLUSION OF LAW With resolution of reasonable doubt in the Veteran's favor, the criteria for entitlement to service connection for PTSD have been met. 38 U.S.C. §§ 1110, 5103, 5103A, 5107; 38 C.F.R. §§ 3.102, 3.159, 3.303. REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran had active duty service in the United States Army from June 1991 to August 1991 and from May 1993 to February 1997. In February 2020, the Veteran testified at a videoconference hearing before the undersigned Veterans Law Judge. A transcript of that hearing is of record. Entitlement to service connection for post-traumatic stress disorder (PTSD) Under the relevant laws and regulations, service connection may be granted for a disability resulting from disease or injury incurred in or aggravated by active service. 38 U.S.C. § 1110. Generally, the evidence must show: (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, 1166-67 (Fed. Cir. 2004). When there is an approximate balance of positive and negative evidence regarding any issue material to the determination of a matter, the Secretary shall give the benefit of the doubt to the claimant. 38 U.S.C. § 5107; 38 C.F.R. § 3.102. The medical evidence shows that the Veteran has a current diagnosis of PTSD. A March 2021 letter from a private treating psychiatrist indicates a current diagnosis of PTSD. The Veteran contends that his PTSD was caused by service, specifically responding to a plane crash in March 1994 and a mass shooting in October 1995 that both resulted in multiple casualties and witnessing dead bodies. The Veteran submitted lay statements in November 2013 and November 2014 describing these in-service stressors and testified during the February 2020 hearing that he experienced these incidents while serving as military police. He stated that he did not notice psychiatric symptoms until he was placed in an alcohol rehabilitation program in Korea due to his excessive alcohol use. He stated that he now recognizes his symptoms including excessive fear, anxiety and depression due to witnessing these incidents in service. The Board finds that the Veteran's statements concerning the events are credible. First, the Veteran is competent to describe events that occurred and experienced while in service. Second, even though the Agency of Original Jurisdiction (AOJ) was not able to find corroborating evidence, the Veteran's descriptions of the events are consistent with the places, types, and circumstances of his service, and his report and description of the events have been consistent over time. Specifically, the Veteran’s Military Occupational Specialty (MOS) was military police and his duties included responding to incidents as described by the Veteran. Further, the Veteran’s service treatment records (STRs) show that the Veteran was placed in a 45-day alcohol dependence program in Seoul, Korea after the two major incidents occurred. Thus, the Board finds the Veteran's statements regarding the events that occurred in service to be credible. 38 C.F.R. § 3.303(a). After the hearing, the Veteran submitted a statement indicating that he began receiving private psychiatric treatment but was having difficulty obtaining the records from the provider. To date, those private treatment records have not been received. Subsequently, he submitted a letter indicating that he began receiving treatment from a new mental health provider. The Veteran’s new psychiatric physician submitted a letter dated March 2021 stating that he is currently treating the Veteran for PTSD with symptoms including flashbacks related to service and persistent anxiety. The clinician opined that it is more likely than not that the Veteran’s PTSD is caused by his military service. He noted that he reviewed the Veteran’s service records and contemporary medical records along with a mental status examination in forming his medical opinion. The Board finds that the evidence presently before the Board is sufficient to grant the appeal. The Veteran has been diagnosed with PTSD and the Veteran's statements about in-service events are credible. Moreover, the Veteran’s treating   psychiatrist indicated that his PTSD is related to in-service events. Any reasonable doubt in the evidence must be resolved in favor of the Veteran, and thus, entitlement to service connection for PTSD is warranted. 38 U.S.C. § 5107 (b); 38 C.F.R. § 3.102. MICHAEL D. LYON Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board L. Sneeringer, 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.