Citation Nr: 22044729 Decision Date: 08/08/22 Archive Date: 08/08/22 DOCKET NO. 15-27 970 DATE: August 8, 2022 ORDER Entitlement to service connection for a psychiatric disorder, diagnosed as parasomnia, is granted. FINDING OF FACT Resolving reasonable doubt in the appellant's favor, the likelihood is at least approximately balanced or nearly equal, that the Veteran had parasomnia as a result of his in-service experiences. CONCLUSION OF LAW The criteria for service connection for a psychiatric disorder, diagnosed as parasomnia, are met. 38 U.S.C. §§ 1110, 5107; 38 C.F.R. §§ 3.102, 3.303. REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran served on active duty from June 1951 to June 1955. The Veteran died in December 2016 and his widow has been substituted as the appellant with regard to the issue on appeal before the Board. The matter on appeal comes before the Board from a December 2014 rating decision. The Veteran appealed the denial of service connection for posttraumatic stress disorder (PTSD), bilateral hearing loss, tonsillitis, and bilateral feet frostbite. In July 2015, the RO issued a rating decision awarding service connection for bilateral hearing loss. That issue, therefore, is not before the Board. In August 2017, after the Veteran's death, the Board issued a decision denying service connection for an acquired psychiatric disorder, claimed as PTSD, and denying service connection for frostbite and tonsillitis. The appellant appealed the decision as to all three claims to the Court of Appeals for Veterans Claims (the Court). In August 2018, the Court signed an Order granting a Joint Motion for Remand (joint motion). The Board's August 2017 decision was vacated and remanded for additional action in accordance with the joint motion. The Board then issued a decision in December 2018, which denied service connection for bilateral feet frostbite and for an acquired psychiatric disorder, now including parasomnia. The Board in December 2018 remanded the matter of whether service connection is warranted for a throat condition. Following the remand development, the Board issued a June 2019 decision denying the throat condition claim. That issue was not appealed and is, therefore, no longer before the Board. The appellant also appealed the Board's December 2018 decision related to the matter of whether service connection is warranted for frostbite and for an acquired psychiatric disorder to the Court. In July 2019, the Court issued an order granting a joint motion related to both claims. The December 2018 Board decision was vacated. The Board then issued a decision in April 2020, which again denied service connection for frostbite and for an acquired psychiatric disorder. The appellant did not appeal the frostbite decision, but did appeal the matter of whether service connection is warranted for an acquired psychiatric disorder. In November 2020, the Court issued an Order granting a joint motion for partial remand, vacating the Board's April 2020 decision on the psychiatric disorder claim and remanding it for readjudication. In September 2021, the Board issued a decision denying the claim. The appellant appealed that decision, and in April 2022, the Court signed an Order granting another joint motion. The September 2021 decision was vacated. The psychiatric claim is now again before the Board. The Board has reviewed the entire claims file, including the analytical approach suggested by the various joint motions in this case, and finds that service connection is warranted for the claimed psychiatric disorder, which is diagnosed as parasomnia. Initially, while it is unclear whether the designations noted in the Veteran's service personnel records are indicative of combat service, there is an indication in the record that the Veteran served in Korea and participated in or around a battle or campaign known as "9th Period (Third Korean Winter)" from January 2, 1953 to April 30, 1953. The Veteran's medals are listed as the Korean Service Medal, UN Service Medal, 1BS Korean Service Medal, National Defense Service Medal, and Good Conduct Medal. The personnel record shows the Veteran was a construction equipment operator. An additional indication in his service records shows he was a supply specialist between June 1953 and November 1953 while overseas. An October 1953 Certificate shows the Veteran was deemed "entitled to Battle participation credits" for the "10th Period Korean Summer-Fall 1953." While it is unclear whether the Veteran engaged in combat, the Board recognizes the decorations he earned for his Korean service and finds it likely that he would have observed the remains of the dead while in Korea. An August 2009 VA psychiatry note shows the diagnosis of parasomnia, NOS. In November 2014, the Veteran reported having a history of nightmares of Korea several days a week for many years. And, in April 2015, the Veteran reported having had nightmares of experiences in Korea for 50 years. At the time of the Veteran's May 2015 VA PTSD examination, he reported having recurring, involuntary and distressing memories of events involving witnessing death and seeing dead bodies while in Korea, as well as having distressing dreams of death and fighting the enemy. Later in the report, the examiner indicated that the Veteran reported seeing people and children lying dead in a village in Korea and having nightmares about it two to three times per week. The examiner further noted that the Veteran reported never being shot at and that he did not appear to have been in a situation where is life was threatened. This examiner indicated the Veteran did not have PTSD, but did have parasomnia that was related to his in-service experiences. In January 2020, a private psychologist submitted a report on the Veteran's behalf. This psychologist reviewed and summarized the Veteran's records. The conclusion reached was that the Veteran was exposed to traumatic events while he served in Korea, and this led to his parasomnia. Based upon the foregoing, the Board concludes that the Veteran, during his lifetime, had a diagnosis of parasomnia, and the likelihood is at least approximately balanced, that it was related to his in-service experiences in Korea. Accordingly, after resolving all doubt in favor of the Veteran, the Board finds that service connection for a psychiatric disorder, diagnosed as parasomnia, is warranted. 38 U.S.C. §§ 1110, 5107(b); 38 C.F.R. §§ 3.102, 3.303(a); Lynch v. McDonough, 21 F.4th 776, 781-82 (2021). MICHAEL E. KILCOYNE Veterans Law Judge Board of Veterans' Appeals Attorney for the Board A. Adamson, 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.