Citation Nr: 21025845 Decision Date: 04/29/21 Archive Date: 04/29/21 DOCKET NO. 18-31 917 DATE: April 29, 2021 ORDER Service connection for sinusitis is granted. REMANDED Service connection for an acquired psychiatric disability, to include posttraumatic stress disorder (PTSD) and generalized anxiety disorder is remanded. FINDING OF FACT Resolving reasonable doubt in the Veteran’s favor, his sinusitis began during active service. CONCLUSION OF LAW The criteria for service connection for sinusitis are met. 38 U.S.C. §§ 1110, 5107; 38 C.F.R. §§ 3.102, 3.303. REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran served honorably on active duty in the United States Marine Corps from January 1999 to January 2004. This matter comes before the Board of Veterans’ Appeals (Board) on appeal from an April 2018 rating decision issued by a Department of Veterans Affairs (VA) Regional Office (RO). The Veteran attended a virtual hearing before the undersigned in April 2021. Sinusitis 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; 38 C.F.R. § 3.303. To establish service connection for a disability, a Veteran 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. Davidson v. Shinseki, 581 F.3d 1313 (Fed. Cir. 2009). The Veteran has a current diagnosis of sinusitis. In his January 2004 separation Report of Medical History, the Veteran reported ear, nose, and throat problems. The Board finds this to satisfy the first two elements for service connection. Turning to the third element, medical nexus, the evidence consists of an opinion provided by a private physician. After reviewing the Veteran’s service treatment records and VA treatment records and opined that it was more likely than not that the Veteran’s sinusitis was incurred in service. The physician based their opinion on the Veteran reporting ear, nose, and throat problems on separation and post-service medical records indicating chronic nasal congestion. The physician is competent to provide this opinion, the Board finds them to be credible, and affords the opinion great probative weight. The Board finds the evidence to be in relative equipoise. If the evidence is supportive or is in relative equipoise, then the veteran prevails. See 38 C.F.R. § 3.102. Accordingly, service connection for sinusitis is granted. 38 C.F.R. § 3.303. REASONS FOR REMAND Psychiatric Disability More information is needed to allow the Board to make a fully-informed decision on the issue of service connection for a psychiatric disability, to include PTSD and anxiety disorder. The Veteran has provided statements and testimony of multiple in-service incidents that he contends are related to his current diagnoses of PTSD and anxiety disorder. Specifically, the Veteran witnessed two suicide attempts, lost fellow servicememebrs in an in-service helicopter crash, and was shot at while in the Philippines in 2003. VA has not yet attempted to corroborate the Veteran’s in-service stressors. Furthermore, while the Veteran has a current diagnosis of PTSD and anxiety disorder, no examiner has opined whether the diagnosis is at least as likely as not related to these stressors. As such, a remand is necessary for VA to attempt to corroborate his stressors and to provide the Veteran with an examination The matters are REMANDED for the following action: 1. Attempt to corroborate the Veteran’s in-service stressors, including witnessing two suicide attempts, losing fellow servicemembers in a 2002 helicopter crash, and being shot at in the Philippines in 2003. If more details are needed, contact the Veteran to request the information. 2. Schedule the Veteran for a psychiatric examination to determine the nature and etiology of any posttraumatic stress disorder (PTSD). If the Veteran is diagnosed with PTSD, the examiner must explain how the diagnostic criteria are met and opine whether it is at least as likely as not related to a verified in-service stressor. If any other acquired psychiatric disorders are diagnosed, the examiner must opine whether each diagnosed disorder is at least as likely as not related to an in-service injury, event, or disease, to include witnessing two suicide attempts, losing fellow servicemembers in an in-service helicopter crash, and being shot at in the Philippines. JOHN Z. JONES Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board Michael Chandeck, 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.