BVA9508436 DOCKET NO. 93-16 098 ) DATE ) ) On appeal from the decision of the Department of Veterans Affairs Regional Office (RO) in Atlanta, Georgia THE ISSUE Entitlement to service connection for post-traumatic stress disorder (PTSD). REPRESENTATION Appellant represented by: Disabled American Veterans ATTORNEY FOR THE BOARD M. M. Lytle, Associate Counsel INTRODUCTION The appellant had active service from May 1971 to June 1975. This matter came before the Board of Veterans' Appeals (Board) on appeal from a June 1992 rating decision which denied service connection for PTSD. CONTENTIONS OF APPELLANT ON APPEAL The appellant contends, in essence, that he was exposed to stressful incidents during service and that these stressors resulted in PTSD. He contends that during his inservice assignments as a field wireman in Vietnam his unit was the target of sniper fire during which members of the unit were killed or wounded; that he witnessed the death of several members of another unit from a grenade; and that he saw bombs exploding in close proximity to his unit. He claims these incidents are the subjects of his current nightmares and flashbacks. 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 preponderance of the evidence is against allowance of service connection for PTSD. FINDINGS OF FACT 1. All relevant and necessary evidence necessary for disposition of the appeal has been obtained by the RO. 2. A psychiatric disability was not present during service, or proximate thereto. A psychiatric disability, diagnosed as PTSD, was initially medically shown in 1991, almost two decades after service. 3. PTSD related to the appellant's military service is not demonstrated. CONCLUSION OF LAW PTSD was not incurred in or aggravated by the appellant's wartime service. 38 U.S.C.A. § 1110 (West 1991); 38 C.F.R. §§ 3.303, 3.304(f) (1994). REASONS AND BASES FOR FINDINGS AND CONCLUSION Initially, the Board finds that the appellant's claim is well grounded within the meaning of 38 U.S.C.A. § 5107(a) (West 1991), in that he has presented a claim that is plausible. This being so, the Board must examine the record to determine whether the VA has a further obligation to assist in the development of facts pertinent to his claim. 38 U.S.C.A. § 5107(a) (West 1991). After reviewing the record, the Board is satisfied that all relevant facts have been properly developed and that no useful purpose would be served by remanding the case with directions to provide further assistance to the appellant. Service records, including medical records, have been obtained, and it is not contended that there are other relevant service medical records. Post-service medical records, including a report of hospitalization at a Department of Veterans Affairs (VA) facility, are of record. However, the appellant failed to report for a VA psychiatric examination scheduled for February 1993, and has apparently moved from his last known address, leaving no forwarding address. The RO contacted appellant's representative in April 1993, but the representative had no record of a new address for appellant. In light of appellant's unavailability for VA examination or for provision of more detailed information regarding claimed stressors in service, the duty to assist the veteran in the development of facts pertinent to his claim has been satisfied. 38 U.S.C.A. § 5107(a); Wood v. Derwinski, 1 Vet.App. 190 (1991). 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 (West 1990). 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) (1994). In order to establish service connection for PTSD, there must be medical evidence establishing a clear diagnosis of the condition, credible supporting evidence that the claimed inservice stressors actually occurred, and a link, established by medical evidence, between current symptomatology and the claimed inservice stressor. 38 C.F.R. § 3.304(f) (1994). An individual must have experienced inservice an event so traumatic that it is outside the range of usual human experience and would be markedly distressing to almost anyone; and support a diagnosis of PTSD. See Doran v. Brown, 6 Vet.App. 283 (1994), referring to Diagnostic and Statistical Manual of Mental Disorders III-R (3d ed. 1987) (DSM-III-R), at 247; See also 38 C.F.R. § 4.125 (1994). The appellant's service personnel records indicated that he was stationed in Vietnam from July 1971 to April 1972 and received the National Defense Service Medal, the Vietnam Service Medal, the Vietnam Campaign Medal, and a Marksman (Rifle) award, but no combat badges. His primary military occupation in Vietnam was field wireman. A review of the veteran's service medical records is negative for indications of psychiatric disability. His entrance and discharge examinations revealed that he was psychiatrically normal. He offered no complaints of a psychiatric nature in service. Appellant's March 1978 and March 1991 claims for VA benefits also fail to refer to any psychiatric disorder. In November 1991, appellant submitted a claim for benefits based on PTSD, manifested primarily by nightmares and flashbacks. Appellant also related he had difficulty in finding and holding employment, and difficulties with social encounters. He stated he had been diagnosed with PTSD by a Dr. John Fullick, and that he had been treated for PTSD at the VA Medical Center in Tuskegee, Alabama. Appellant's November 1991 to January 1992 VA treatment records, including records from a VA hospitalization from November 1991 to December 1991, reflect complaints of depression, nightmares, flashbacks, suicidal ideation, and violent behavior. Appellant also related in a November 1991 treatment record that his symptoms began to occur four years earlier; that they became worse two years earlier, after the death of two of his nieces (one by a gun); and became more frequent after back surgery three months earlier. Other non-service related stressors discussed by appellant included a back injury that prevented him from working for the last four years, drug and alcohol abuse, and family tension that had occurred over the same previous four years. Appellant was prescribed a variety of antidepressants and antianxiety medication. The diagnosis noted in post service medical records, including the VA hospitalization records, was PTSD, delayed type. These diagnoses were based on appellant's statements regarding inservice stressors. Appellant failed to report for a February 1993 VA examination. In appellant's February 1993 appeal, he attached a statement regarding inservice stressors. Appellant related that in the course of his duties as a field wireman, his unit was subjected to sniper fire, during which his first sergeant was killed, and his executive officer was wounded. Other claimed stressors included seeing members of another unit killed by a grenade, and being in the vicinity of bombs being dropped. Appellant did not provide any specific names, dates, or places for these alleged incidents, and has made himself unavailable to provide any further such information. After a careful review of the record, it is the finding of the Board that the record does not support entitlement to service connection for PTSD. The evidence of record does not show any indicia of combat, such as combat related awards and his occupational specialty of a field wireman does not necessarily establish combat involvement. There is no indication that he ever received any wounds or injuries during his period of service. According to Zarycki v. Brown, 6 Vet.App. 91, 98 (1993), when it has been determine that a veteran was not engaged in combat, ". . . the veteran's lay testimony, by itself, will not be enough to establish the occurrence of the alleged stressor. (cite omitted). Instead, the record must contain service records which corroborate the veteran's testimony as to the occurrence of the claimed stressor." See also Swann v. Brown, 5 Vet.App. 229 (1993), Wood v. Derwinski, 1 Vet.App. 190 (1991). It is noted that the record does not contain any corroboration that the veteran was faced with a life-threatening circumstance or other stressor which could be reasonably expected to cause post-traumatic stress symptoms in almost all individuals. There is no confirmation of any of appellant's claimed inservice stressors. While appellant's service records confirm his presence in Vietnam, there is no indication that his involvement was anything other than supportive in nature, and there is no indication that he was exposed to combat. While the record contains diagnoses of PTSD based upon the history that the veteran gave to the examiners, it is concluded that the record does not contain documentation of a corroborated stressor to support these diagnoses. The Board notes, however, that the November 1991 outpatient treatment records, which contain diagnoses of PTSD, make absolutely no reference to any Vietnam experiences. In any event, the Board finds that service connection for PTSD is not warranted. Since the preponderance of the evidence is against allowance of this claim, the benefit of the doubt doctrine is inapplicable. 38 U.S.C.A. § 5107(b) (West 1991). ORDER Service connection for PTSD is denied. HOLLY E. MOEHLMANN Member, Board of Veterans' Appeals (CONTINUED ON NEXT PAGE) 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.