BVA9503484 DOCKET NO. 93-06 711 ) DATE ) ) On appeal from the decision of the Department of Veterans Affairs Regional Office in San Francisco, California THE ISSUE Entitlement to service connection for post-traumatic stress disorder. REPRESENTATION Appellant represented by: Disabled American Veterans ATTORNEY FOR THE BOARD John D. Nachmann, Associate Counsel INTRODUCTION The veteran had active military service from October 1966 to October 1968. This matter comes before the Board of Veterans' Appeals (Board) on appeal from a rating decision of May 1991 by the Department of Veterans Affairs (VA) San Francisco, California, Regional Office (RO). CONTENTIONS OF APPELLANT ON APPEAL The veteran contends that the RO was incorrect in not granting his claim of entitlement to service connection for post-traumatic stress disorder. He maintains that service connection for this disorder is warranted because he has been diagnosed with schizophrenia which is simply another name for post-traumatic stress disorder. Therefore, he requests a favorable determination by the Board. DECISION OF THE BOARD The Board, in accordance with the provisions of 38 U.S.C.A. § 7104 (West 1991), has reviewed and considered all of the evidence and material of record in the veteran's claims file. Based on its review of the relevant evidence in this matter, and for the following reasons and bases, it is the decision of the Board that the veteran has not submitted a well-grounded claim of entitlement to service connection for post-traumatic stress disorder. FINDINGS OF FACT 1. All relevant evidence necessary for an equitable disposition of the veteran's appeal has been obtained by the RO. 2. Post-traumatic stress disorder has not been clinically demonstrated. CONCLUSION OF LAW The veteran has not submitted a well-grounded claim of entitlement to service connection for post-traumatic stress disorder. 38 U.S.C.A. §§ 1110, 7105 (West 1991); 38 C.F.R. §§ 3.303, 3.304(f) (1993). REASONS AND BASES FOR FINDINGS AND CONCLUSION The threshold question to be answered with respect to the veteran's request for service connection for post-traumatic stress disorder is whether he has presented a well-grounded claim; that is, a claim which is plausible and capable of substantiation. If he has not presented a well-grounded claim, his appeal must fail and there is no duty to assist him in the development of his claim because such additional development would be futile. See 38 U.S.C.A. § 5107(a); Murphy v. Derwinski, 1 Vet.App. 78, 81 (1990). As will be explained below, the Board finds that the veteran's claim is not well grounded. Under the law, service connection may be granted for disability resulting from disease or injury incurred in or aggravated by wartime service. 38 U.S.C.A. § 1110; 38 C.F.R. § 3.303. In addition, service connection for post-traumatic stress disorder may be granted only upon a diagnosis of the condition, credible supporting evidence of the claimed in-service stressor, and a link between the current symptomatology and the in-service stressor. 38 C.F.R. § 3.304(f). The service medical records are devoid of any complaints, treatments, or diagnoses referable to a psychiatric disorder during active service. In fact, the report of an October 1968 service medical examination, conducted contemporaneous to the veteran's separation from service, indicates no psychiatric abnormalities. The report of a November 1969 VA examination reveals that the veteran was a perfectionist who did not enjoy being around a great deal of excitement or noise. The veteran was described as being self-critical and he reported that he had never been a success. In addition, the veteran was noted to have been frustrated in his love affairs and in his failure to participate in combat while in Vietnam. A diagnosis of chronic anxiety reaction was recorded. The veteran was admitted to the Fresno, California, VA hospital in January 1974 because he reported being unable to cope with or fit into society as well as experiencing frequent anxiety coupled with deep periods of depression. The veteran was diagnosed with chronic schizophrenia, treated with group therapy and medication, and discharged in February 1974. VA outpatient treatment records dated from February to May 1976 show that the veteran was treated for schizophrenia on a number of occasions. Private medical records demonstrate that from 1974 to 1984, the veteran was hospitalized several times for paranoid schizophrenia, avoidant personality disorder, and alcohol dependence. The report of a November 1986 VA consultation by Paul Levy, M.D., indicates that the veteran was oriented in all spheres, but was subject to auditory hallucinations. His memory was intact and he was able to speak logically and coherently. The veteran's affect was blunted. While no signs of depression were found, he appeared to be tense and anxious. A diagnosis of paranoid schizophrenia was recorded. Dr. Levy confirmed his diagnosis of paranoid schizophrenia in March 1987. Records from Kings View Mental Health Services demonstrate that the veteran sought outpatient treatment for chronic paranoid schizophrenia and atypical depression from March 1990 to August 1991. The report of an April 1991 VA consultation by Dr. Levy indicates that the veteran was oriented in all spheres and was subject to auditory hallucinations. In addition, the veteran had definite signs of being suspicious and wary of other people's motivations toward him. His memory was intact and there were no signs of any organic brain syndrome. The veteran was noted to still be subject to depressive periods on a relatively frequent basis. After reviewing the veteran's claims file, Dr. Levy noted that there was no information that would contradict his prior diagnosis of a long-standing schizophrenic illness. Further, Dr. Levy found that the veteran did not "carry" a diagnosis of post- traumatic stress disorder. Records from the University of New Mexico Mental Health Programs show that the veteran was oriented times four and alert. His speech was clear, coherent, organized, goal directed, and logical. His mood was level and his affect was blunted. The veteran denied auditory and visual hallucinations, delusions, paranoia, and suicidal or homicidal ideation or intent. Lastly, his judgment was adequate. The evidence of record indicates that the veteran has never been diagnosed with post-traumatic stress disorder. In fact the report of an April 1991 VA consultation reveals that the veteran did not manifest the elements required to support a diagnosis of post-traumatic stress disorder. While the veteran contends that he has been diagnosed with post-traumatic stress disorder because post-traumatic stress disorder and schizophrenia are interchangeable terms that refer to the exact same disorder, he has not submitted any objective evidence substantiating this contention and he, as a layman, is not competent to address issues requiring expert opinion. See Espiritu v. Derwinski, 2 Vet.App. 492, 494-95 (1992). Consequently, in the absence of a diagnosis of post-traumatic stress disorder, the Board finds that the veteran's claim of entitlement to service connection for post-traumatic stress disorder is not well grounded. Accordingly, the claim must be dismissed. See 38 U.S.C.A. § 7105(d)(5); Boeck v. Brown, 6 Vet.App. 14, 17 (1993). Finally, the Board wishes to address the veteran's contention that the April 1991 VA consultation was inadequate for rating purposes. Simply stated, the Board finds such an assertion to be unfounded, especially in light of the veteran's failure to submit any objective evidence of clinical findings or diagnoses relating to post-traumatic stress disorder. ORDER The claim of entitlement to service connection for post-traumatic stress disorder is dismissed. JACQUELINE E. MONROE Member, Board of Veterans' Appeals The Board of Veterans' Appeals Administrative Procedures Improvement Act, Pub. L. No. 103-271, § 6, 108 Stat. 740, ___ (1994), permits a proceeding instituted before the Board to be assigned to an individual member of the Board for a determination. This proceeding has been assigned to an individual member of the Board. NOTICE OF APPELLATE RIGHTS: Under 38 U.S.C.A. § 7266 (West 1991), a decision of the Board of Veterans' Appeals granting less than the complete benefit, or benefits, sought on appeal is appealable to the United States Court of Veterans Appeals within 120 days from the date of mailing of notice of the decision, provided that a Notice of Disagreement concerning an issue which was before the Board was filed with the agency of original jurisdiction on or after November 18, 1988. Veterans' Judicial Review Act, Pub. L. No. 100-687, § 402 (1988). The date which appears on the face of this decision constitutes the date of mailing and the copy of this decision which you have received is your notice of the action taken on your appeal by the Board of Veterans' Appeals.