BVA9508394 DOCKET NO. 93-13 085 ) DATE ) ) On appeal from the decision of the Department of Veterans Affairs Regional Office in Jackson, Mississippi THE ISSUE Entitlement to service connection for post-traumatic stress disorder. REPRESENTATION Appellant represented by: Disabled American Veterans ATTORNEY FOR THE BOARD Jeffrey J. Schueler, Associate Counsel INTRODUCTION The veteran served on active duty from September 1966 to September 1970. This matter comes before the Board of Veteran of Veterans' Appeals (Board) on appeal of a July 1992 rating decision by the Department of Veterans Affairs (VA) Regional Office (RO) in Jackson, Mississippi. CONTENTIONS OF APPELLANT ON APPEAL The veteran contends that he incurred post-traumatic stress disorder (PTSD) during active service. He maintains that during service in Vietnam he experienced stressful events and that his PTSD is currently manifested by nightmares, and flashbacks. DECISION OF THE BOARD The Board of Veterans' Appeals (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 the claim of entitlement to service connection for PTSD. FINDINGS OF FACT 1. All available relevant evidence necessary for an equitable disposition of the veteran's appeal has been obtained by the regional office insofar as possible. 2. The veteran did not engage in combat with the enemy. 3. During service the veteran did not experience a stressor of sufficient gravity to justify the current diagnosis of PTSD. CONCLUSION OF LAW PTSD was not incurred in or aggravated by wartime service. 38 U.S.C.A. §§ 1110, 5107 (West 1991); 38 C.F.R. §§ 3.303, 3.304(f) (1994). REASONS AND BASES FOR FINDINGS AND CONCLUSION The Board finds initially that the appellant's claim is well- grounded within the meaning of 38 U.S.C.A. § 5107(a) (West 1991); that is, the claim is not inherently implausible. The Board also finds that the Department of Veterans Affairs (VA) satisfied its statutory obligation to assist the veteran in the development of facts pertinent to the claim. 38 U.S.C.A. § 5107(a) (West 1991); 38 C.F.R. §§ 3.103(a), 3.159 (a) (1994). On appellate review, we see no areas in which further development may be fruitful. Service connection may be granted for disability resulting from disease or injury incurred in or aggravated by active service. 38 U.S.C.A. § 1110 (West 1991); 38 C.F.R. § 3.303 (1994). Service connection may also 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). Service connection for PTSD requires medical evidence establishing a clear diagnosis of the condition, credible supporting evidence that the claimed inservice stressor actually occurred, and a link, established by medical evidence, between current symptomatology and the claimed inservice stressor. If the claimed stressor is related to combat, service department evidence that the veteran engaged in combat or that the veteran was awarded the Purple Heart, Combat Infantryman Badge, or similar combat citation will be accepted, in the absence of evidence to the contrary, as conclusive evidence of the claimed inservice stressor. 38 C.F.R. § 3.304(f) (1994). With regard to stressors supporting a diagnosis of PTSD, the United States Court of Veterans Appeals (Court) has stated: Where it is determined, through the receipt of certain recognized military citation or other supportive evidence, that the veteran was engaged in combat with the enemy and the claimed stressors are related to such combat, the veteran's lay testimony regarding claimed stressors must be accepted as conclusive as to their actual occurrence and no further development for corroborative evidence will be required, provided that the veteran's testimony is found to be "satisfactory," e.g., credible, and "consistent with the circumstances, conditions, or hardships of such service." Clear and convincing evidence to the contrary may serve to rebut service connection. Where, however, the VA determines that the veteran did not engage in combat with the enemy, or that the veteran did engage in combat with the enemy but the claimed stressor is not related to such combat, the veteran's lay testimony, by itself, will not be enough to establish the occurrence of the alleged stressor. Instead, the record must contain service records which corroborate the veteran's testimony as to the occurrence of the claimed stressor. West v. Brown, 7 Vet.App. 70, 76 (1994). The veteran's DD 214 (Report of Discharge) reveals that during his service in Vietnam the veteran received the National Defense Service Medal, the Vietnam Service Medal, and the Good Conduct Medal. These citations do not signify exposure to combat. The DD 214 also shows that the veteran had a military occupational specialty (MOS) of 43151C, the code assigned to an aircraft mechanic, and the service administrative records show that he was stationed in Vietnam with the 352nd Tactical Fighter Squadron at the Phan Rang Air Base. This evidence likewise does not indicate that the veteran was engaged in combat. In fact, there is nothing in the record which documents combat exposure. The report of the veteran's service separation examination noted a history of nervousness or depression. On clinical evaluation, psychiatric evaluation was normal. It was reported that there were no complications or sequelae of nervousness. VA outpatient treatment records show that in 1991 the veteran was seen with complaints of anxiety, which was also noted on an Agent Orange examination. On VA psychiatric examination in May 1992, the diagnosis was mild generalized anxiety disorder. The veteran stated that the worst thing that happened to him in Vietnam was "being there." He went through "some sort of culture shock." It was noted specifically that he was not involved in combat. The examiner stated that the veteran "could not give a single situation which could be considered a traumatic event or stressor factor." The examiner indicated that the veteran had neither the stressor nor sufficient symptoms to meet the criteria for PTSD. In a letter dated in July 1992, a private physician noted that the veteran was a "difficult historian," had been more upset lately because of job stress, was mistrustful and suspicious, frequently thought about Vietnam and had nightmares, and had more and more isolated himself. The physician indicated that he agreed with the diagnosis of PTSD. Clinical records from the Gulf Coast Mental Health Center dated in 1992 show that the veteran was considered to be a "war veteran with combat experience." The veteran was noted to be depressed. It was reported that he suffered "a spiritual problem." He felt guilty of surviving Vietnam and fearful of dying (the record showed the veteran had suffered a heart attack). A diagnosis of PTSD was reported. On VA examination in October 1992, the veteran described a dream of a "black market" in Vietnam where he suddenly came upon "a bunch of skulls." He indicated that his base was attacked the first night he was there. He indicated he had flashbacks when jets flew overhead or in thunderstorms. He recalled seeing Napalm strikes on a distant mountain and an incident when a bomb went off in a mailbox (no one was injured). He felt rejected. PTSD was diagnosed. It was stated that the veteran was subjected to combat stress in Vietnam. As the Court noted in Zarycki, 6 Vet.App. at 98, where the VA determines that the veteran did not engage in combat with the enemy, the veteran's lay testimony, by itself, will not be enough to establish the occurrence of the alleged stressor. Instead, the record must contain service records which corroborate the stressor. Here, there are no such records. The October 1992 VA and various 1992 private diagnoses of PTSD are premised on the veteran having engaged in combat. Since combat is not shown by the record and there is no other stressor documented or corroborated by the record, the diagnoses of PTSD based on service stressors are premised on a false assumption and, consequently, are not valid. As the requisite stressor is not demonstrated, service connection for PTSD is not warranted. ORDER Service connection for post-traumatic stress disorder is denied. GEORGE R. SENYK 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.