Citation Nr: 22016474 Decision Date: 03/22/22 Archive Date: 03/22/22 DOCKET NO. 17-59 716 DATE: March 22, 2022 REMANDED The claim for service connection for posttraumatic stress disorder (PTSD) is remanded. REASONS FOR REMAND The Veteran had active service in the United States Navy from December 2001 to December 2005. In November 2021, she testified before the undersigned. A copy of these proceedings is of record. As the Veteran's only psychiatric disorder is PTSD, the Board has not construed the Veteran's service connection claim for an acquired psychiatric disorder broadly in accordance with Clemons v. Shinseki, 23 Vet. App. 1 (2009). The Veteran asserts that she has an acquired psychiatric disorder due to sexual trauma she experienced during her period of active service in the United States Navy. She contends that she was sexually harassed by her Recruit Division Commander, Division 912, at Great Lakes, IL Recruit Training Command from December 11, 2001 to March 2002. The Veteran asserts that ever since she was harassed in boot camp, she has experienced a difficult time with male supervisors/bosses. She also alleges that while assigned to the Naval Base in Groton, Connecticut from March 2001 to December 2005, she was harassed by superiors to lose weight in order to pass the physical readiness program and that a recruiter bought her diuretics. The Veteran contends that she became afraid of being "taped" by her superiors if she failed her weigh-in and, as a result of this incident, she has continued to have eating-related issues and is unable to eat comfortably in front of others. It is noted that this was the only stressor discussed at the Board hearing and the only stressor that was developed. The Veteran's service treatment records (STRs) do not show evidence of any psychiatric complaints, treatment, or diagnosis during her active service. In addition, her STRs do not show any direct or secondary evidence of MST. These records do show that she was overweight by military standards, which is consistent with her testimony and statements. A September 2005 Report of Medical Assessment does not show any complaints or intention to seek VA benefits for an acquired psychiatric disability, but references other unrelated physical ailments. Similarly, service personnel records do not appear to show any significant change in performance that would appear to be tied to a specifically alleged incident. In September 2016, the Veteran submitted a statement from her husband, who she served with, M. A., in support of her assertions. M. A. reported that the Veteran had been harassed by sexual comments and inappropriate touching from her Recruit Division Commander during boot camp. As such, this stressor of being harassed in service has been corroborated. In December 2021, a VA examiner provided an opinion that found that the Veteran's PTSD was the result of military sexual trauma. However, the examiner found that the corroborated stressor of harassment was insufficient to support a diagnosis of PTSD. Instead, the examiner found that the Veteran's PTSD was based on the Veteran's report that during a gathering while in "CT," she had one drink and remembered driving back to the barracks in the front seat of the car. At that time, she felt someone reach over and grab her breasts. The next morning, according to the Veteran, she woke up alone, but in pain and could not recall the previous night's events. The Veteran reported having asked a friend what had happened, but the friend had left early and was unable to recall anything. The Veteran indicated that she had been on her period at the time, and that medical personnel had informed her that her tampon was lodged up in the vaginal canal. The Veteran related that she had experienced flashes of the weight of someone on top of her and the smell of cigarettes. The Veteran speculated that she may have been drugged, as she only had one drink. This examination marks the first time this stressor was reported. There was no mention of it at the Board hearing, and as such, no effort to develop or corroborate it has been undertaken. This should be done. The Veteran is apprised that evidence that might help corroborate this incident would be records from the hospital or medical center at which the Veteran was told about the tampon, or a statement from the friend who she reported asking what had happened on the night she didn't remember. Even if the friend did not remember anything happening, a statement that the Veteran had asked her about the night in service could potentially serve to corroborate her account. Establishing service connection for PTSD requires: (1) medical evidence diagnosing the condition in accordance with VA regulations; (2) credible supporting evidence that the claimed in-service stressor occurred; and (3) a link, established by medical evidence, between current symptoms and an in-service stressor. 38 C.F.R. § 3.304 (f). VA regulations provide that, if a PTSD claim is based on in-service personal assault, evidence from sources other than the Veteran's service records may corroborate the Veteran's account of the stressor incident. 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. 38 C.F.R. § 3.304 (f)(5). In cases involving personal assault, the existence of a stressor in service does not have to be proven by the "preponderance of the evidence" because this would be inconsistent with the benefit of the doubt, or equipoise, doctrine contained in 38 U.S.C. § 5107 (b). YR v. West, 11 Vet. App. 393, 399 (1998). Here, as noted, the stressor upon which the diagnosis of PTSD was predicated has not been corroborated. Additionally, the VA examiner did not provide any explanation as to why the corroborated in-service harassment was not felt to have caused or at least contributed to causing the Veteran's mental health disability. The matters are REMANDED for the following action: 1. Undertake efforts to corroborate the Veteran's accounts of military sexual trauma as described by her at the December 2021 VA examination. 2. Obtain a medical opinion to address whether the Veteran's account of being harassed and humiliated were sufficient to support a diagnosis of PTSD. Should the examiner conclude that the stressor is not sufficient to support a diagnosis of PTSD (as the examiner in December 2021 did), the examiner should specifically explain why. MATTHEW W. BLACKWELDER Veterans Law Judge Board of Veterans' Appeals Attorney for the Board Carole Kammel, 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.