Citation Nr: 21030034 Decision Date: 05/17/21 Archive Date: 05/17/21 DOCKET NO. 18-36 104 DATE: May 17, 2021 ORDER Entitlement to service connection post-traumatic stress disorder (PTSD) is denied. FINDINGS OF FACT 1. An acquired psychiatric disorder was not present during service and is not shown to have been present until many years later. 2. The Veteran's claimed in-service stressor could not be verified by service medical records, military personnel records. CONCLUSION OF LAW The criteria for entitlement to service connection for PTSD have not been met. 38 U.S.C. §§ 1110, 1131, 5107; 38 C.F.R. §§ 3.102, 3.303, 4.125. REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran served on active duty in the United States Army from May 1974 to March 1976. This matter comes before the Board of Veterans' Appeals (Board) on appeal from an August 2015 rating decision issued by the Department of Veteran Affairs (VA) Regional Office (RO). In January 2021, the Veteran testified at a hearing before the undersigned Veterans Law Judge. A transcript of the hearing is associated with the record. Entitlement to service connection for PTSD. The Veteran contends that his diagnosed PTSD was caused by his military service. During the January 2021 Board hearing, the Veteran testified that one of his in-service stressors happened in 1975 at Fort Ord in which he worked TDY on a top-secret experimentation security clearance. His commander gave him a urinalysis examination which was illegal. The commander said the test was positive. The Veteran further stated that he never went AWOL and he never had an article 15 violation. He said that he made rank quickly and received letters of commendation. He further states that it was proven that the test was falsified and he was threatened with an undesirable discharge status. He did not have combat service. The Veteran testified about his second stressor which was when he looked up at the sun and it burned him face. He couldn't move his face from the left or right and his eyes were burned to the retinas. This caused him to be stressed, because he couldn't understand this episode occurred. He also experienced gynecomastia in service which resulted in chest pain. 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). For appeals certified to the Board on or after August 4, 2014, such as the Veteran's appeal for entitlement to service connection for PTSD, the diagnosis of PTSD must be in accordance with the American Psychiatric Association's Diagnostic and Statistical Manual for Mental Disorders, Fifth Edition (DSM-5). 38 C.F.R. § 4.125 (a); Schedule for Rating Disabilities-Mental Disorders and Definition of Psychosis for Certain VA Purposes, 79 Fed. Reg. 45,093 (Aug. 4, 2014) (Applicability Date) (updating 38 C.F.R. § 4.125 to reference DSM-5). If a stressor claimed by a veteran is related to the veteran's fear of hostile military or terrorist activity and a VA psychiatrist or psychologist, or a psychiatrist or psychologist with whom VA has contracted, confirms that the claimed stressor is adequate to support a diagnosis of PTSD, and the veteran's symptoms are related to the claimed stressor, in the absence of clear and convincing evidence to the contrary, and provided the claimed stressor is consistent with the places and circumstances of the veteran's service, the veteran's lay testimony alone may establish the occurrence of the claimed in-service stressor. For purposes of this paragraph, "fear of hostile military or terrorist activity" means that a veteran experienced, witnessed, or was confronted with an event or circumstance that involved actual or threatened death or serious injury, or a threat to the physical integrity of the veteran or others, such as from an actual or potential improvised explosive device; vehicle-imbedded explosive device; incoming artillery, rocket, or mortar fire; grenade; small arms fire, including suspected sniper fire; or attack upon friendly military aircraft, and the veteran's response to the event or circumstance involved a psychological or psycho-physiological state of fear, helplessness, or horror. 38 C.F.R. § 3.304 (f)(3). If the evidence establishes that the Veteran engaged in combat with the enemy and the claimed stressor is related to that combat, in the absence of clear and convincing evidence to the contrary, and provided that the claimed stressor is consistent with the circumstances, conditions, or hardships of the Veteran's service, his lay testimony alone may establish the occurrence of the claimed in-service stressor. 38 C.F.R. § 3.304(f). If, however, the claimed stressor is not related to combat, the Veteran's lay testimony, by itself, will not be enough to establish the occurrence of the alleged stressor. Instead, the record must contain evidence that corroborates the Veteran's account as to the occurrence of the claimed stressor. See 38 U.S.C. § 1154(b); 38 C.F.R. § 3.304(d), (f); Cohen v. Brown, 10 Vet. App. 128 (1997). Service treatment records (STR) lack any complaint, treatment, or diagnosis of a psychiatric disability or burning of the eyes, including the January 1976 separation examination. Psychiatric evaluation on separation examination in January 1976 was normal. Military personnel records do not corroborate the details of the Veteran's testimony concerning an in-service stressor. Post-service treatment records indicate the Veteran has a current psychiatric disability, but the record does not show that the Veteran developed a psychiatric disability within one year of service. See e.g., July 2001 H&P Exam (denied any depression, anxiety, panic attacks, hallucinations, PTSD); December 2012 Preventive Health Screen (positive PTSD screen). The Board notes that VA must provide a VA medical examination when there is: (1) competent evidence of a current disorder or persistent or recurrent symptoms of a disorder; and, (2) evidence establishing that an event, injury, or disease occurred in service or establishing certain diseases manifesting during an applicable presumptive period for which the claimant qualifies; and, (3) an indication that the disorder, or persistent or recurrent symptoms of a disorder, may be associated with the Veteran's active military service or with another service-connected disability; but, (4) insufficient competent medical evidence on file for the VA Secretary to make a decision on the claim. See McLendon v. Nicholson, 20 Vet. App. 79 (2006). The Board notes that there is no evidence of a psychiatric disability in service, and the evidence does not indicate the Veteran's psychiatric disability manifested itself within one year after separation from service. Further, there is insufficient competent evidence otherwise suggesting a link between the Veteran's current disability and his service. Therefore, despite the low bar set by McLendon, a VA examination is not warranted and the claim for entitlement to service connection for PTSD is denied. MICHAEL MARTIN Veterans Law Judge Board of Veterans' Appeals Attorney for the Board T. Harris, Attorney Advisor 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.