Citation Nr: 21023905 Decision Date: 04/21/21 Archive Date: 04/21/21 DOCKET NO. 18-39 715 DATE: April 21, 2021 ORDER Entitlement to service connection for an acquired psychiatric disorder, to include posttraumatic stress disorder (PTSD) due to military sexual trauma (MST), is denied. FINDINGS OF FACT 1. The file does not include credible supporting evidence that the claimed in-service stressor occurred. 2. The Veteran’s acquired psychiatric disorder did not onset during service and is not due to an in-service event, injury, or disease. CONCLUSION OF LAW The criteria for service connection for an acquired psychiatric disorder have not been satisfied. 38 U.S.C. §§ 1110, 1131, 5107; 38 C.F.R. §§ 3.102, 3.303, 3.304. REASONS AND BASES FOR FINDINGS AND CONCLUSION The Veteran served on active duty with the United States Army from October 1986 to August 1990. He was subsequently a member of the Army National Guard for a little less than a year. This matter comes before the Board of Veterans’ Appeals (Board) from a July 2016 rating decision of a Department of Veterans Affairs (VA) regional office. The Veteran testified at a hearing with the undersigned Veterans Law Judge in November 2020. Generally, to establish service connection, a claimant must show: (1) a present disability; (2) an 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, the so-called “nexus” requirement. See 38 U.S.C. §§ 1110, 1131; 38 C.F.R. § 3.303; see also Shedden v. Principi, 381 F.3d 1163, 1167 (Fed. Cir. 2004). Service connection for PTSD requires: (1) medical evidence establishing a diagnosis of the condition; (2) credible supporting evidence that the claimed inservice stressor occurred; and, (3) a link established by medical evidence, between current symptoms and an in-service stressor. 38 C.F.R. § 3.304(f). Lay testimony alone can establish the occurrence of the claimed in-service stressor in certain circumstances, which include: when PTSD is diagnosed during service and the claimed stressor is related to that service, when the veteran engaged in combat with the enemy and the claimed stressor is related to that combat, when the stressor claimed by a veteran is related to the veteran’s fear of hostile military or terrorist activity and certain other conditions are met, and when the veteran was a prisoner-of-war and the claimed stressor is related to that prisoner-of-war experience. Id. In other cases, the claimed stressor must be corroborated by credible supporting evidence. If PTSD is based on in-service personal assault, evidence from sources other than the veteran’s service records may corroborate the veteran’s account of the stressor incident. Examples of such evidence include, but are not limited to: records from law enforcement authorities, rape crisis centers, mental health counseling centers, hospitals, or physicians; pregnancy tests or tests for sexually transmitted diseases; and statements from family members, roommates, fellow service members, or clergy. Evidence of behavior changes following the claimed assault is one type of relevant evidence that may be found in these sources. Examples of behavior changes that may constitute credible evidence of the stressor include, but are not limited to: a request for a transfer to another military duty assignment; deterioration in work performance; substance abuse; episodes of depression, panic attacks, or anxiety without an identifiable cause; or unexplained economic or social behavior changes. 38 C.F.R. § 3.304(f)(5). The Veteran testified that a female superior coerced him into having sexual encounters with her several times by threatening to accuse him of being homosexual which he believed would adversely affect his career. He testified this occurred beginning in 1988 and definitely ended after he left Germany in 1989. According to the Veteran, during service he did not report this to anyone or tell his family or friends about it. He further testified that he did not have a drop off in performance during service because he had a strong family history of military service and did not want to be the one to fail. Service treatment records show no complaints, diagnoses, or treatment related to a psychiatric disorder. The Veteran waived a separation examination. The Veteran was promoted to Specialist in December 1988. In June 1989, the Veteran was awarded for attaining a high degree of skill in his job. In September 1989, he was awarded for meritorious service. In October 1989, he was awarded a Good Conduct Medal for exemplary behavior, efficiency, and fidelity in active federal military service. He was honorably discharged in August 1990. The Veteran did not receive mental health treatment until recently. He submitted an April 2016 disability benefits questionnaire completed by a psychiatrist. The psychiatrist diagnosed the Veteran with PTSD, dysthymic disorder, and major depressive disorder in remission. The psychiatrist noted that the Veteran’s mood symptoms, past drug use, and legal problems came after MST which went unreported and untreated for years. It was noted that the Veteran’s first arrest was in 2001, which the Board notes is more than a decade after separation from service. While VA has not obtained a medical opinion, the Board finds that one is not necessary and the claim must be denied. Regarding PTSD, there is no credible supporting evidence that the claimed in-service stressor occurred. See 38 C.F.R. § 3.304(f). The Veteran testified that he did not report the incident, did not tell anyone about the incident during service, and that his performance did not suffer as a result of the incident. Service records show no treatment or reports verifying the incident and do not show any drop in performance or other markers suggestive of a traumatic experience. Instead, service records suggest the Veteran was thriving on active duty and received awards for his high degree of skill, meritorious service, and exemplary behavior. There is no additional development that would reasonably assist the Veteran in verifying his claimed stressor. Service treatment and personnel records have been obtained and the Veteran indicated that he did not make anyone aware of the incident until years after service. Regarding other diagnosed psychiatric disorders, the evidence is against a finding on an in-service event, injury, or disease which could be responsible for the diagnoses. See 38 C.F.R. § 3.303. As noted above, the Veteran’s report of being coerced into sexual encounters cannot be verified and is not reflected in the service records. In addition, the Veteran did not seek mental health treatment during service and no medical records are suggestive of psychiatric symptomatology until years after separation from service. The Veteran is not shown to have medical education or experience and is therefore considered a lay person. A lay person is competent to report (1) symptoms that are observable, e.g., feeling depressed; (2) symptoms at the time supporting a later diagnosis by a medical professional; or (3) a contemporaneous medical diagnosis. See Davidson v. Shinseki, 581 F.3d 1313 (2009). The Veteran is not competent to independently render a medical diagnosis or opine as to the specific etiology of a condition as these are medically complex issues. Thus, his lay assertions do not constitute evidence upon which service connection can be granted. To the extent that the Veteran’s psychiatrist has suggested that an acquired psychiatric disorder might be related to MST, the record does not support a finding that it is at least as likely as not that an MST occurred. For the above reasons, the preponderance of the evidence is against the claim and service connection is denied. Nathan Kroes Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board A. J. Kim, 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.