Citation Nr: 21025555 Decision Date: 04/28/21 Archive Date: 04/28/21 DOCKET NO. 18-15 430 DATE: April 28, 2021 ORDER Entitlement to service connection for an acquired psychiatric disorder, to include posttraumatic stress disorder (PTSD) and bipolar disorder, is granted. FINDING OF FACT The evidence of record supports a finding that the Veteran’s acquired psychiatric disability, to include PTSD and bipolar disorder are related to service. CONCLUSION OF LAW The criteria for service connection for an acquired psychiatric disorder, to include PTSD and bipolar disorder, have been met. 38 U.S.C. §§ 1110, 5107; 38 C.F.R. §§ 3.303, 3.304, 4.125. REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran served on active duty in the United States Air Force from October 1965 to February 1969. This appeal comes to the Board of Veterans’ Appeals (Board) from a November 2016 rating decision. In June 2020, the Veteran and his wife testified before the undersigned Veterans Law Judge at a hearing. A transcript of the hearing is of record. Entitlement to service connection for an acquired psychiatric disorder, to include PTSD and bipolar disorder, is granted. The Veteran seeks entitlement to service connection for PTSD and bipolar disorder. He contends that he has PTSD related to service. He contends that he observed body bags being unloaded from planes and that, while he was not involved in the handling or processing of the bags, he did observe the bags from a distance and it affected him greatly. See February 2018 VA treatment records. During his hearing, the Veteran testified that he served at the Dover Air Base for the entire time of his service and worked in warehousing, handling supplies. He testified that, because of the many body bags that he saw on a daily basis while in service in Dover, he started experiencing nightmares, anxiety, depression, and anger problems. He would wake up in a cold sweat and it was hard for him to even get back to sleep. He indicated that he has experienced these symptoms since he got out of service until the present, and they have gotten worse over time. See Hearing Transcript pages 3-6. He further testified that the experiences with the body bags were personal to him because one of his cousins was killed in Vietnam and his brother was serving in Vietnam, which was a cause of stress. He testified that he felt helplessness, horror, and fear because of the experiences. He testified that he started drinking and that the drinking continued after service; he did not start seeing anybody to get treatment for his psychiatric symptoms until about 10 years after service, but he was always having nightmares. See Hearing Transcript pages 9-10. The Veteran testified that he still has intense nightmares of being surrounded by bodies all the time and that he wakes up trembling with cold sweats and anxiety. He does not like being around people and does not handle crowds very well. He takes sleep medications, but they do not help with his nightmares. He testified that he has been in family counseling for over 20 years and that he had also received individual counseling with the same counselor. He has anxiety that results in anger and irritability, and he experiences anxiety attacks daily that last for a few minutes ot a couple hours. See Hearing Transcript pages 17-20. During the hearing, the Veteran’s wife testified on his behalf that she recalled observing some of his symptoms when they first met, which was about a year after he got out of the service. She testified that the Veteran’s anxiety attacks last all day, he has concentration and anger issues, and he has trouble getting along with others. See Hearing Transcript pages 21-22. Service connection for PTSD requires medical evidence diagnosing the condition in accordance with 38 C.F.R. § 4.125(a), a link, established by medical evidence, between 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). The evidence includes treatment reports and a recent private assessment documenting the presence of PTSD and bipolar disorder as per the DSM-5. With regard to the Veteran’s claimed stressors, the agency of original jurisdiction (AOJ) made a formal finding of a lack of information required to corroborate the stressor in July 2016. While the memorandum noted that the Veteran’s work in the Supply Squadron at Dover Air Force Base would not place in the proximity of the Special Handling Unit, where Vietnam casualties were received, the memorandum did state that it was possible the Veteran saw the body bags off duty, or to and from his work section. The memorandums stated it was possible the Veteran did see aircraft being unloaded from a distance. Articles submitted by the Veteran’s attorney confirm that a mortuary is on base, and would have been a receiving station for casualties. The Board finds no reason to call into question the Veteran’s statements, and finds that the limited research the AOJ actually does corroborate the Veteran’s account of having seen casualties of war from a distance. As such, the claimed stressor is conceded. Concerning nexus or relationship, the Veteran has submitted a statement authored by Dr. Q.A-S. in November 2020 in which he opined that the Veteran’s PTSD nad bipolar disorder are as likely as not related to his military service. Dr. Q.A-S. arrived at his conclusion based upon a review of the Veteran’s service and medical records and a substantial clinical interview conducted with the Veteran. Dr. Q.A-S. noted that the Veteran had undergone a VA examination in April 2001 and was diagnosed with depression but that the VA examiner was silent regarding service connection. Dr. Q.A-S. reviewed the Veteran’s history of outpatient counseling and psychiatric treatment and explained that the Veteran had a lengthy history of mood disorder originally diagnosed as depression, but later clarified to be bipolar disorder, and that he was presently in a depressive phase. He noted a July 2016 statement provided by R.H., Ph.D., in which Dr. R.H. explained that he had served as the counselor to the Veteran and his family for many years and that the Veteran has carried diagnoses of generalized anxiety disorder, depression, and learning disorder. He reviewed the testing conducted during his evaluation of the Veteran, including a mental status examination, Beck Depression Inventory-II, Beck Anxiety Inventory, and PCL-5, along with the results for each. Dr. Q.A-S. noted that the Veteran reported first experiencing mood disorder symptoms including feeling down, crying spells, and difficulty sleeping, while in the military, and concluded that his bipolar disorder, originally diagnosed as depression, as likely as not began during the course of military service. See November 2020 Statement. Dr. Q. A-S. also highlighted the longstanding history of PTSD treatment, and noted that such has been linked to military service by his treatment providers. Ultimately, Dr. Q. A-S. agreed with this assessment, and found the Veteran’s PTSD related to his claimed in-service stressors. Based on the above, the Board finds that service connection for an acquired psychiatric disorder, to include PTSD and bipolar disorder, is warranted. VA and private treatment records confirm a diagnosis of PTSD and bipolar disorder. His in-service stressors are corroborated. The opinion authored by Dr. Q.A-S. notes that both disabilities are as likely as not related to military service. There is no medical opinion of record that specifically contradicts the favorable nexus evidence. (Continued on Next Page) Accordingly, all elements for the award of service connection for an acquired psychiatric disorder, to include PTSD and bipolar disorder, are satisfied. See 38 C.F.R. §§ 3.303, 3.304. The benefit sought on appeal is granted. V. Chiappetta Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board L. Fulmer, 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.