BVA9500486 DOCKET NO. 93-08 935 ) DATE ) ) On appeal from the decision of the Department of Veterans Affairs Regional Office in Waco, Texas THE ISSUE Entitlement to service connection for post-traumatic stress disorder. REPRESENTATION Appellant represented by: Disabled American Veterans WITNESSES AT HEARING ON APPEAL Appellant, and appellant's spouse and mother ATTORNEY FOR THE BOARD Milo H. Hawley, Counsel INTRODUCTION The veteran had active service from January 1967 to January 1969. A rating decision in November 1989 denied service connection for post-traumatic stress disorder. The veteran did not initiate an appeal from that decision and it became final. The Board of Veterans' Appeals (Board) finds that evidence submitted subsequent to the November 1989 rating decision is new and material and reopens the veteran's claim for service connection for post-traumatic stress disorder. This matter comes before the Board on appeal from a December 1991 rating decision by the Department of Veterans Affairs (VA) Regional Office in Waco, Texas (RO). Correspondence from and on behalf of the veteran indicates that he desires to pursue a claim for service connection for a psychiatric disorder other than post-traumatic stress disorder. This issue has not been addressed by the RO and is therefore referred for their consideration. CONTENTIONS OF APPELLANT ON APPEAL It is contended that the veteran currently has post-traumatic stress disorder as a result of stressors he experienced during his active service. It is asserted that the veteran has been diagnosed as having post-traumatic stress disorder and receives ongoing treatment for that disability. 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 record supports the grant of 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. The veteran had combat service while serving in the Republic of Vietnam and he has post-traumatic stress disorder precipitated by such service. CONCLUSION OF LAW Post-traumatic stress disorder was incurred as a result of the veteran's active service. 38 U.S.C.A. §§ 1110, 5107 (West 1991). REASONS AND BASES FOR FINDINGS AND CONCLUSION The veteran's claim is "well grounded" within the meaning of 38 U.S.C.A. § 5107. We are satisfied that all relevant facts have been properly developed and that no further assistance is required to comply with the duty to assist mandated by 38 U.S.C.A. § 5107. The record reflects that as a result of the veteran's service in the Republic of Vietnam he received awards including the Combat Infantryman Badge and a Purple Heart. Service connection has been established for residuals of gunshot wounds to the right cheek, left thigh, and posterior right shoulder. A VA hospital discharge summary, relating to a period of hospitalization in July and August 1989, notes diagnoses including post-traumatic stress disorder. The report of a November 1989 VA psychiatric examination states that the examiner was unable to confirm post-traumatic stress disorder as a diagnosis. A March 1990 VA hospital discharge summary states the psychiatric diagnoses as including organic mental disorder, not otherwise specified. Private medical records received in July 1991, and dated in 1988, indicate that a schizo-affective disorder or paranoid schizophrenia were appropriate diagnoses. The report of a November 1991 VA examination by a board of two psychiatrists reflects several diagnoses including bipolar affective disorder, mixed type, in partial remission on medication. The report of a November 1992 VA psychiatric examination states the impression as bipolar disorder with a schizo-affective feature, chronic, severe, in remission on Navane. The November 1992 report also indicates that the examiner saw some symptoms of post-traumatic stress disorder and some indicators for it, and felt it could present problems for the veteran. Several statements have been received from Harry Thompson, M.D., a private psychiatrist, the most recent of which was dated and received in October 1992. These statements indicate that he has diagnosed the veteran as having post-traumatic stress disorder due to the Vietnam War and has provided treatment to the veteran for that condition. While symptomatology associated with the post-traumatic stress disorder apparently coexists with that attributable to other psychiatric disabilities, the evidence with respect to whether the veteran has post-traumatic stress disorder due to his combat experiences in Vietnam is somewhat evenly balanced. Resolving all doubt in his favor, service connection for post-traumatic stress disorder is granted. 38 U.S.C.A. §§ 1110, 5107. ORDER Service connection for post-traumatic stress disorder is granted. WAYNE M. BRAEUER 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.