Citation Nr: 24009451 Decision Date: 02/27/24 Archive Date: 02/27/24 DOCKET NO. 07-38 161A DATE: February 27, 2024 ORDER Entitlement to service connection for posttraumatic stress disorder (PTSD) is granted. FINDINGS OF FACT 1. The Veteran's stressor is related to his fear of hostile military activity. 2. The stressor is consistent with the places, types, and circumstances of the Veteran's service; and there is no clear and convincing evidence to the contrary. 3. A psychologist contracted by the Department of Veterans Affairs (VA) has confirmed that the stressor is adequate to support a diagnosis of PTSD and that the Veteran's symptoms are related to the stressor 4. The most probative and persuasive evidence reflects that the Veteran incurred PTSD due to fear of hostile military or terrorist activity experienced while stationed aboard the USS Ranger. CONCLUSION OF LAW The criteria to establish service connection for PTSD are met. 38 U.S.C. §§ 1110, 1131, 5107; 38 C.F.R. §§ 3.102, 3.303. REASONS AND BASES FOR FINDINGS AND CONCLUSION The Veteran served on active duty from October 1961 to March 1965. This matter comes before the Board of Veterans' Appeals (Board) on appeal from a February 2007 rating decision of a VA Regional Office (RO) of the Veterans Benefits Administration (VBA), which is the Agency of Original Jurisdiction (AOJ). The Veteran initiated a timely appeal which was subsequently perfected to the Board in December 2007; however, for unclear reasons, this appeal was not certified or transferred to the Board by the AOJ until August 2023. The Veteran's appealed issue, among others, was previously before the Board in November 2023, when it was determined that remand was necessary to undertake procedural development to ensure that the Veteran was provided due process of law. The Board's prior remand directive has been substantially completed, and the matter has been returned to the Board for further appellate consideration. 1. Entitlement to service connection for PTSD Generally, to establish a right to compensation for a present disability a veteran must show: (1) a present disability; (2) an 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, 1167 (Fed. Cir. 2004). Service connection may be granted for any disease diagnosed after discharge, when all the evidence, including that pertinent to service, establishes that the disease was incurred in service. 38 C.F.R. § 3.303(d). 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 that 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, types, 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 sniper fire, 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). Analysis The Veteran contends that he is entitled to service connection for PTSD as a result of military service. In an August 2006 statement in support of claim, the Veteran reported that during service aboard the USS Ranger in the air rescue combat support division he was on constant alert and constantly feared that the ship might strike a mine or be "fired up." The Veteran was afforded a VA examination in connection with the current appeal in April 2022. After completing a review of the file and an interview with the Veteran, the examiner noted a current diagnosis of PTSD and opined that the disability is at least as likely as not related to the Veteran's fear of hostile military or terrorist activity experienced while serving aboard the USS Ranger in the waters offshore the Republic of Vietnam during the Vietnam Era. As supporting rationale the examiner noted that the Veteran was exposed to a range of threatening environments during service including bombs, gunfire and witness casualties while stationed aboard the ship. The Board notes that these findings are wholly consistent with the Veteran's personnel records, the duties of his rate while serving aboard the USS Ranger, and his August 2006 stressor statement. Crucially, the December 2022 VA examiner stated that the Veteran's reported fear of hostile military activity is adequate to support a diagnosis of PTSD, as is consistent with 38 C.F.R. § 3.304(f)(3). In light of the above, the Board concldus that the November 2022 VA examiner's findings and opinions suffice all three criteria to establish service connection for PTSD under the facts of the case and controlling laws. There is no evidence to the contrary of any of the criteria to establish direct service connection for PTSD. Accordingly, the Board finds that service connection for PTSD is warranted, and the Veteran's appealed issue is granted. Lynch v. McDonough, 999 F.3d 1391 (2021). Scott W. Dale Acting Veterans Law Judge Board of Veterans' Appeals Attorney for the Board A. Wimbish, Associate 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.