Citation Nr: 21024853 Decision Date: 04/26/21 Archive Date: 04/26/21 DOCKET NO. 19-07 944 DATE: April 26, 2021 ORDER Entitlement to service connection for an acquired psychiatric disorder, to include posttraumatic stress disorder (PTSD), PTSD due to military sexual trauma (MST), major depressive disorder (MDD), and alcohol use disorder is granted. FINDING OF FACT Resolving all reasonable doubt, the Veteran’s currently diagnosed acquired psychiatric disorder is related to his service. CONCLUSION OF LAW The criteria for entitlement to service connection for an acquired psychiatric disorder have been met. 38 U.S.C. §§ 1110, 1131, 5107(b); 38 C.F.R. §§ 3.102, 3.303, 3.307, 3.309. REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran served on active duty in the United States Navy from June 1967 to November 1968. This appeal comes before the Board of Veterans’ Appeals (Board) from a July 2018 rating decision of a Department of Veterans Affairs (VA) Regional Office (RO). In March 2021, the Veteran testified at a video conference hearing before the undersigned Veterans Law Judge. A transcript of the hearing is available in the record. Lastly, a claim for service connection for a psychiatric disability is deemed to encompass all psychiatric diagnoses reasonably presented in the record. See Clemons v. Shinseki, 23 Vet. App. 1 (2009). Pursuant to Clemons, the Board has expanded the service connection claim for PTSD as reflected on the title page of this decision. Entitlement to service connection for an acquired psychiatric disorder, to include posttraumatic stress disorder (PTSD), PTSD due to military sexual trauma (MST), major depressive disorder (MDD), and alcohol use disorder is granted. Service connection may be established for a disability resulting from disease or injury incurred in or aggravated by service. 38 U.S.C. § § 1110, 1131; 38 C.F.R. § 3.303. Service connection means that the facts, shown by evidence, establish that a particular injury or disease resulting in disability was incurred coincident with service, or if preexisting service, was aggravated therein. 38 C.F.R. § 3.303 (a). Service connection may be granted for any disease diagnosed after discharge, when all the evidence, including that pertinent to service, establishes that the disease was incurred in service. 38 C.F.R. § 3.303 (d). To establish service connection for a disability, there must be competent evidence of the following: (1) the existence of a present disability; (2) in-service incurrence or aggravation of a disease or injury; and (3) a causal relationship or nexus between the present disability and the disease or injury incurred or aggravated during service. Horn v. Shinseki, 25 Vet. App. 231, 236 (2010); Shedden, 381 F.3d at 1167; Gutierrez v. Principi, 19 Vet. App. 1, 5 (2004) (citing Hickson v. West, 12 Vet. App. 247, 253 (1999)). In many cases, medical evidence is required to meet the requirement that the evidence be “competent”. However, when a condition may be diagnosed by its unique and readily identifiable features, the presence of the disorder is not a determination “medical in nature” and is capable of lay observation. Barr v. Nicholson, 21 Vet. App. 303, 309 (2007). The Veteran alleges that he suffers from PTSD that is etiologically related to service. More specifically, the Veteran has alleged instances of military sexual trauma (MST) while on active duty. Establishment of service connection for PTSD in particular requires: (1) medical evidence diagnosing PTSD; (2) credible supporting evidence that the claimed in-service stressor actually occurred; and (3) medical evidence of a link between current symptomatology and the claimed in-service stressor. 38 C.F.R. § 3.304 (f). When a PTSD claim 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. 38 C.F.R. § 3.304 (f)(5); see also Patton v. West, 12 Vet. App. 272, 277 (1999). 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. 38 C.F.R. § 3.304 (f)(5). 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. Id. At the outset, the Board notes that one of the Veteran’s in-service stressor has been conceded. The Veteran has consistently reported being exposed to enemy fire while patrolling the inland waterways of Vietnam. The Board also finds the Veteran has a current diagnosis of PTSD, major depressive disorder, and alcohol use disorder. See May 2019 Records from Dr. S.C. Dr. S.C., a private psychologist, diagnosed the Veteran with PTSD, major depressive disorder, and alcohol use disorder. He further indicated these disorders are directly linked to military service. In contrast, an April 2018 VA examiner found the Veteran did not have a current diagnosis of PTSD or any other mental disorder that was due to service. The Board has reviewed the case in detail. The Board finds that the evidence of record is at least in relative equipoise as to whether the Veteran’s acquired psychiatric disorder is related to military service. The Board notes that when the evidence is in relative equipoise, by law; the Board must resolve all reasonable doubt in favor of the claimant. See U.S.C. § 5107(b); 38 C.F.R. § 3.102; Gilbert v. Derwinski, 1 Vet. App. 49, 53-56 (1990). Therefore, considering the totality of the evidence, the Board finds that service connection for an acquired psychiatric disorder, to include posttraumatic stress disorder (PTSD), PTSD due to military sexual trauma (MST), major depressive disorder (MDD), and alcohol use disorder is warranted. John J. Crowley Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board L. Holcombe, 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.