Citation Nr: 21027088 Decision Date: 05/04/21 Archive Date: 05/04/21 DOCKET NO. 16-23 759 DATE: May 4, 2021 ORDER Service connection for an acquired psychiatric disability is granted. FINDING OF FACT The preponderance of the competent and probative medical evidence weighs for finding that the Veteran has other specified trauma or stressor-related disorder that was incurred in/aggravated during service and is causally related to events during service. CONCLUSION OF LAW The criteria for service connection for an acquired psychiatric disability have been met. 38 U.S.C. §§ 1110, 1154, 5107 (2012); 38 C.F.R. §§ 3.303. REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran served on active duty from August 1980 to August 1983. This matter is before the Board of Veterans Appeals (Board) on appeal from a February 2013 rating decision. This matter was previously remanded for additional development in a November 2019 Board decision. The Board finds that there has been substantial compliance with those remand directives. See Stegall v. West, 11 Vet. App. 268, 271 (1998) (holding that a remand by the Board confers upon the Veteran, as a matter of law, the right to compliance with its remand instructions, and imposes upon VA a concomitant duty to insure compliance with the terms of the remand); see also D'Aries v. Peake, 22 Vet. App. 97, 105 (2008) (holding that only substantial rather than strict compliance with the Board's remand directives is required under Stegall). The Board notes that the Veteran's current claim for an acquired psychiatric disability due to MST has previously been claimed as post-traumatic stress disorder (PTSD), The Board finds it appropriate to characterize this claims broadly as an acquired psychiatric disability, to include bipolar disorder and other specified trauma or stressor-related disorder. See Clemons v. Shinseki, 23 Vet. App. 1 (2009). Service connection for an acquired psychiatric disability Legal Criteria Service connection may be granted for a disability resulting from a disease or injury incurred in or aggravated by service. See 38 U.S.C. §§ 1110, 1131; 38 C.F.R. § 3.303 (a). To establish a right to compensation for a present 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. 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). A psychiatric disorder based on personal assault refers broadly to stressor events involving harm perpetrated by a person who is not considered part of an enemy force. 38 C.F.R. § 3.304 (f)(5). The VA acknowledges the unique problems veterans face in documenting their claims because of the sensitive and extremely personal nature of assault. To compensate for the difficulties in reporting and producing evidence to support the occurrence of a stressor, evidence from sources other than the Veteran's service records may corroborate the Veteran's account of the stressor incident. In fact, the absence of in-service reports or treatments cannot be considered "negative evidence" in personal assault cases. See AZ v. Shinseki, 731 F.3d 1303 (Fed. Cir. 2013). Unlike in other psychiatric disorder claims, an after-the-fact medical opinion can serve as the credible supporting evidence of the stressor personal assault claims. See Menegassi v. Shinseki, 638 F.3d 1379 (fed. Cir. 2011). In making all determinations, the Board must fully consider the lay reports as to the onset and recurrence of symptoms since a Veteran is competent to report on that of which he or she has personal knowledge. See Layno v. Brown, 6 Vet. App. 465, 470 (1994). Factual Background & Analysis The Veteran underwent a VA mental disorders examination in May 2012. That examination diagnosed the Veteran with bipolar disorder and provided a negative medical nexus opinion. Since that time, she has reported military sexual trauma (MST) and VA treatment records show a diagnosis of posttraumatic stress disorder (PTSD) based on MST. Specifically, during her January 2019 hearing testimony she reported being sexually assaulted while she slept in Military Entrance Processing Command (MEPS) arranged housing while on her way to basic training. A December 2019 Disability Benefits Questionnaire (DBQ) completed by a private clinical psychologist following a diagnostic interview reflects diagnoses for bipolar disorder and other specified trauma or stressor-related disorder. The clinician noted that it is not possible to differentiate what portion of each symptom is attributable to each diagnosis. The clinician stated that bipolar disorder had its onset during active duty with depression. They opined further that it is at least as likely as not that the Veteran's psychiatric symptoms worsened during serving and are connected to her time in service. On September 2020 VA psychological examination the Veteran was again diagnosed with other specified trauma and stressor-related disorder and bipolar disorder. The examiner opined that it is at least as likely not that the Veteran's other specified trauma and stressor-related disorder is related to MST while on active duty. The examiner noted that her present symptoms were consistent with an individual who experienced the hardships/circumstances of their military career and that her bipolar disorder is unrelated to MST. Here, the Veteran's statements regarding suffering MST during service have been corroborated by mental health professionals who have found her disability picture consistent with someone who endured severe personal trauma. Considering the above competent and probative medical opinions from qualified clinicians who connected the Veteran's diagnoses with MST during service, the Board finds that the preponderance of the evidence establishes that the Veteran's other specified trauma and stressor-related disorder was incurred in/aggravated during service and is causally related to events during service. 38 C.F.R. § 3.303 (d). Accordingly, service connection for an acquired psychiatric disability is granted. Jennifer White Veterans Law Judge Board of Veterans' Appeals Attorney for the Board Kyle McKone 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.