Citation Nr: 22011007 Decision Date: 02/25/22 Archive Date: 02/25/22 DOCKET NO. 19-34 208 DATE: February 25, 2022 ORDER Service connection for posttraumatic stress disorder (PTSD) is granted. FINDING OF FACT Resolving reasonable doubt in the Veteran's favor, her PTSD is at least as likely as not related to MST. CONCLUSION OF LAW The criteria for entitlement to service connection for PTSD have been met. 38 U.S.C. §§ 1155, 5103, 5103A, 5107; 38 C.F.R. §§ 3.102, 3.159, 3.303. REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran served on active duty in the United States Army from June 1973 to June 1976. This matter comes before the Board of Veterans' Appeals (Board) on appeal from a June 2018 rating decision of the Department of Veterans Affairs (VA) Regional Office (RO) (Agency of Original Jurisdiction (AOJ)). The Veteran testified before the undersigned Veterans Law Judge during a February 2022 Board hearing. The Board is able to grant the claim based on the evidence in the claims folder. The hearing transcript will still be processed and associated with the claims file in the ordinary course of business. Service connection may be granted for disability resulting from disease or injury incurred in or aggravated by active service. 38 U.S.C. §§ 1110, 1131, 5107; 38 C.F.R. § 3.303. The three-element test for service connection requires evidence of: (1) a current disability; (2) in-service incurrence or aggravation of a disease or injury; and (3) a causal relationship between the current disability and the in-service disease or injury. Shedden v. Principi, 381 F.3d 1163, 1166 -67 (Fed. Cir. 2004). There are particular requirements for establishing PTSD in 38 C.F.R. §3.304(f), that are separate from those for establishing service connection generally. Arzio v. Shinseki, 602 F.3d 1343, 1347 (Fed. Cir. 2010). In order to be entitled to service connection for PTSD, there must be medical evidence of PTSD, medical evidence that establishes a link between current symptoms and an in-service stressor; and credible supporting evidence that the claimed in-service stressor occurred. See 38 C.F.R. § 3.304(f); Shedden v. Principi, 381 F.3d 1163, 1167 (Fed. Cir. 2004). If a PTSD claim is based on in-service personal assault, evidence from sources other than a veteran's service records may corroborate her account of the stressor. 38 C.F.R. § 3.304(f)(5). Examples of such evidence include, but are not limited to: records from law enforcement authorities, rape crisis centers, mental health counseling centers, hospitals, or physicians; pregnancy tests or tests for sexually transmitted diseases; and statements from family members, roommates, fellow service members, or clergy. Id. Behavior changes may constitute credible supporting evidence of a stressor. Id. Evidence of behavior changes following the claimed assault is one type of relevant evidence that may be found in these sources. Examples of behavior changes that may constitute credible evidence of the stressor include, but are not limited to: a request for a transfer to another military duty assignment; deterioration in work performance, substance abuse, episodes of depression, panic attacks, or anxiety without an identifiable cause; or unexplained economic or social behavior changes. Id. It is well established that a medical opinion may be used to corroborate a personal-assault stressor. See Menegassi v. Shinseki, 638 F.3d 1379, 1381 (Fed. Cir. 2011). Except as otherwise provided by law, a claimant has the responsibility to present and support a claim for benefits. In evaluating a claim, the Board must determine the value of all evidence submitted, including lay and medical evidence. 38 U.S.C. §1154(a); Buchanan v. Nicholson, 451 F.3d 1331, 1335 (Fed. Cir. 2006). The Veteran is seeking service connection for PTSD, which she attributes to a military sexual trauma (MST). The record reflects that the Veteran has a diagnosis of PTSD. Further, the medical evidence of record consistently connects the Veteran's PTSD with the experiences she endured while in service. Specifically, CAPRI records document the Veteran's treatment for PTSD. Treating psychologists note that the Veteran's symptoms of anxiety, avoidance, intrusive thoughts, flashbacks, and nightmares are associated with MST. In addition, the June 2018 VA examiner found it was at least as likely as not that the claimed MST occurred and resulted in the current PTSD symptoms. Service connection for PTSD mandates credible supporting evidence that the claimed in-service stressor occurred. The Veteran has consistently reported and cited to the same events when referencing her PTSD, as evidenced by her lay statements. Furthermore, she has evidently referenced these events when speaking with her physician, as the stressor is also mentioned by medical professionals when addressing the Veteran's PTSD. In particular, the June 2018 examiner specifically cited corroboration in terms of increased anxiety, depression, and panic attacks over time as corroborating the in-service assault. Given the Veteran's consistency throughout the record, the Board finds the Veteran to be a credible historian. The Board further finds that the June 2018 examiner opinion corroborates the existence of the military stressors. 38 U.S.C. §§ 1154(b), 5107(b); 38 C.F.R. § 3.303(a); Menegassi, 638 F.3d at 1381. As such, and given that the evidence is at least in equipoise, the Board will grant entitlement to service connection for PTSD. T. MAINELLI Veterans Law Judge Board of Veterans' Appeals Attorney for the Board C. Orie, 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.