Citation Nr: 21028283 Decision Date: 05/10/21 Archive Date: 05/10/21 DOCKET NO. 17-49 936 DATE: May 10, 2021 ORDER Service connection for an acquired psychiatric disorder, to include posttraumatic stress disorder (PTSD) and depression disorder, is denied. FINDING OF FACT The Veteran's psychiatric disorder was not shown in service or for many years thereafter and is not otherwise related to active duty service. CONCLUSION OF LAW The criteria for entitlement to service connection for an acquired psychiatric disorder, to include PTSD and depression, have not been met. 38 U.S.C. §§ 1110, 5107(b); 38 C.F.R. §§ 3.102, 3.303(a), 3.304. REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran had active service from May 1981 to December 1982. The Veteran had a hearing via teleconference before the undersigned Veterans' Law Judge in July 2020. A transcript of that hearing is of record. The Board acknowledges that the Veteran filed a claim of entitlement to service connection for a psychiatric disorder. However, a service connection claim which describes only one particular psychiatric disorder should not necessarily be limited to that disorder. Rather, as reflected herein, VA should consider the claim as one for any psychiatric disability that may reasonably be encompassed by evidence of record. Clemons v. Shinseki, 23 Vet. App. 1 (2009). This matter was previously remanded by the Board in January 2021 in order to obtain additional records including incarceration records. A review of the claims file shows that there has been substantial compliance with the Board's remand directives. Stegall v. West, 11 Vet. App. (1998). The case has been returned to the Board for review. Additionally, the Board acknowledges that, to date, the Veteran has not been provided with VA examinations in connection with his claims of entitlement to service connection for any acquired psychiatric disorder. The Board is mindful of the test prescribed by the United States Court of Appeals for Veterans Claims (Court) in McLendon v. Nicholson, 20 Vet. App. 79, 81 (2006) regarding whether a medical examination is necessary to adjudicate a claim. However, aside from submitting the instant claims for service connection the Board does not find the Veteran has met the threshold of triggering the requirement for a VA examination. Consequently, the Board finds that the medical evidence of record is sufficient to decide the Veteran's claims and that no further VA medical examinations or opinions are warranted concerning these issues. 38 U.S.C. § 5103A (a); See Wood v. Peake, 520 F.3d 1345 (Fed. Cir. 2008); DeLaRosa v. Peake, 515 F.3d 1319 (Fed. Cir. 2008). 1. Entitlement to service connection for an acquired psychiatric disorder The Veteran asserts that his psychiatric disorder is related to active service. Under the relevant laws and regulations, 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, 1131. Generally, the evidence 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. Shedden v. Principi, 381 F.3d 1163, 1166-67 (Fed. Cir. 2004); Caluza v. Brown, 7 Vet. App. 498, 505 (1995). PTSD Service connection for PTSD requires a medical evidence diagnosing the condition; 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 applicable regulation requires that the in-service stressor or traumatic event involve actual or threatened death, serious injury, or a threat to the physical integrity of self or others and the person's response involve intense fear, helplessness, or horror. After reviewing the claims file, the Board determines that the Veteran does not have a diagnosis of PTSD at any point during the period on appeal. The Veteran's medical history show different psychiatric diagnoses, but not PTSD. See Brammer v. Derwinski, 3 Vet. App. 223, 225 (1992). Furthermore, the Veteran's reported stressor of the death of his uncle during service, would not qualify as a necessary stressor even if a diagnosis was found. Therefore, while the presence of some psychiatric symptoms was reported in the record, these symptoms alone without an underlying PTSD diagnosis are insufficient to establish service connection for PTSD. Sanchez-Benitez v. West, 13 Vet. App. 282, 285 (1999). Disorders other than PTSD Under the relevant laws and regulations, 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, 1131, 5107(b); Holton v. Shinseki, 557 F.3d 1363, 1366 (Fed. Cir. 2009); 38 C.F.R. §§ 3.303 (a). With respect to any psychiatric disorder, other than PTSD (diagnosed as major depressive disorder in approximately 2015), the Board concludes that while the Veteran has a current diagnosis of this disorder, the preponderance of the evidence weighs against finding that the Veteran's psychiatric disorder began during service or are otherwise etiologically related to an in-service injury, event, or disease. 38 U.S.C. §§ 1110, 1131, 5107(b); Holton v. Shinseki, 557 F.3d 1363, 1366 (Fed. Cir. 2009); 38 C.F.R. §§ 3.303 (a), (d), 3.304, 3.307, 3.309. Specifically, the service treatment records do not report any signs, symptoms, or a diagnosis of a psychiatric disorder at any point during active service. Of note, the Veteran's 1982 separation examination is silent for any symptoms or a diagnosis related to this disorder. The post-service medical evidence includes statements to the Veteran's medical providers that he had symptoms of a psychiatric disorder since service. Moreover, the objective medical evidence does not demonstrate any symptoms, manifestations, or a diagnosis related to a psychiatric disorder until approximately 2015. Therefore, continuity of symptoms has not been shown based on the clinical evidence, including for purposes of the chronic disease presumption under 38 C.F.R. § 3.307 (a)(3). The Board recognizes the statements from the Veteran regarding his history of psychiatric symptoms since service. While the Veteran is competent to report that he experienced anxiety, fear and other related psychiatric symptoms, since service, he is not competent to provide a diagnosis in this case or determine that these symptoms were manifestations of his current disorder. See Jandreau v. Nicholson, 492 F.3d 1372, 1377, 1377 n.4 (Fed. Cir. 2007). Nevertheless, the Board determines that the Veteran's reported history of continued symptomatology since active service, while competent, is nonetheless not sufficient to establish a relationship between his complaints and service. The Veteran's service and medical treatment records are inconsistent with his assertions that his symptoms have persisted since service. Here, the Veteran's history of a psychiatric disorder symptoms is inconsistent with his separation examination. Additionally, the Veteran filed a claim for benefits many years prior to the current claim, which is inconsistent with the Veteran's assertions of psychiatric symptoms existing since service. Although the Veteran is not competent to diagnose and provide etiological opinions related to his psychiatric disorder, service connection may nonetheless be established if a relationship may be otherwise established by competent evidence, including medical evidence and opinions. In this case, however, the competent evidence fails to establish a relationship between active duty and the Veteran's current symptoms. Here, the Board notes that the Veteran has not provided sufficient evidence, including private opinions and/or medical evidence, to establish a relationship between his psychiatric disorder, and active service. As part of this claim, the Board recognizes the statements from the Veteran, regarding the relationship between his disorder and active service. Nevertheless, while he is competent to provide testimony regarding observable symptomatology such psychiatric symptoms, including anxiety, they are not competent to provide a nexus opinion in this case. These issues are also medically complex, as they require knowledge of the interaction between multiple systems in the body and interpretation of complicated diagnostic medical testing. Jandreau v. Nicholson, 492 F.3d 1372, 1377 n.4 (Fed. Cir. 2007). Therefore, the unsubstantiated statements regarding the claimed diagnosis and etiology of the Veteran's psychiatric disorder are found to lack competency. In light of the above discussion, the Board concludes that the preponderance of the evidence is against the claims for service connection for an acquired psychiatric disorder, to include PTSD, and there is no doubt to be otherwise resolved. 38 U.S.C. § 5107 (b); Gilbert v. Derwinski, 1 Vet. App. 49 (1990). Therefore, the appeal is denied. 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. B.T. KNOPE Veterans Law Judge Board of Veterans' Appeals Attorney for the Board D. Billinger, Associate Counsel