BVA9502534 DOCKET NO. 93-27 374 ) 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: Texas Veterans Commission ATTORNEY FOR THE BOARD Julia M. Kurtz, Associate Counsel INTRODUCTION The veteran served on active duty from September 1969 to March 1981. This appeal arises from a December 1992 rating decision of the Waco, Texas, Regional Office (RO) which denied service connection for post-traumatic stress disorder. The case is now ready for appellate review. CONTENTIONS OF APPELLANT ON APPEAL The veteran contends that he is entitled to service connection for post-traumatic stress disorder. He asserts that he served as a navigator aboard fighter planes in combat while stationed in Thailand. It is emphasized that he has been hospitalized for post-traumatic stress disorder and that he has difficulties with relationships, and experiences anger and temper outbursts. 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(s). 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 supports the veteran's claim 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 engaged in combat with the enemy as evidenced by his receipt of several medals and participation in numerous combat missions in southeast Asia as a navigator aboard fighter planes. 3. The veteran currently suffers from post-traumatic stress disorder which is attributable to his period of service. CONCLUSION OF LAW Post-traumatic stress disorder was incurred in wartime service. 38 U.S.C.A. §§ 1110, 5107 (West 1991); 38 C.F.R. § 3.303 (1993). REASONS AND BASES FOR FINDINGS AND CONCLUSION We note that we have found the veteran's claim is well-grounded within the meaning of 38 U.S.C.A. § 5107(a) (West 1991). That is, we find that he has presented a claim which is plausible, as there is a diagnosis of post-traumatic stress disorder of record. We are also satisfied that all relevant facts have been properly developed. No further assistance to the veteran is required to comply with the duty to assist mandated by 38 U.S.C.A. § 5107(a) (West 1991). The veteran advances that he suffers from post-traumatic stress disorder as a result of his active service as a navigator and participation in 114 combat missions. Under the applicable criteria, service connection may be granted for disability resulting from disease or injury incurred in or aggravated by service. 38 U.S.C.A. C.F.R. § 3.304(f) (1993). Service connection for post-traumatic stress disorder requires medical evidence establishing a clear diagnosis of the condition, credible supporting evidence that the claimed 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 other 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) (1993). Some of the basic facts are not in dispute. The veteran had service during the Vietnam Era. Information on his discharge report shows that his military occupational specialty was that of a weapons systems officer, F-111/RF-4, and that the veteran received several medals including the Distinguished Flying Cross, Air Medal with 7 Bronze Oak Leaf Clusters, Air Force Commendation Medal with 1 Bronze Oak Leaf Cluster, National Defense Service Medal, Vietnam Service Medal with 4 Bronze Service Stars, Republic of Vietnam Campaign Medal and Republic of Vietnam Gallantry Cross with Palm. The veteran's service personnel records reflect that the veteran participated in 114 combat missions, consisting of 256 combat hours, in southeast Asia between May 1971 and April 1972. The first treatment for a psychiatric disorder was in February 1991, when the veteran was hospitalized at CPC Oak Bend Hospital because of suicidal thoughts. The admitting diagnoses were major depression, psychotic, recurrent, and post-traumatic stress disorder. The diagnoses at discharge were major depression without psychosis, dysthymic disorder, and personality disorder, not otherwise specified (passive-aggressive). At a VA psychiatric examination in November 1992, the veteran stated that he served as a navigator on F-46's and F-111's and was stationed in Thailand. He stated that he was wounded emotionally, mentally, and professionally. He worked for General Dynamics for 10 years and was laid off; he currently worked at Radio Shack. He stated that he becomes angry at people. He saw counselors for a year, was hospitalized in February 1991 and placed on medication but couldn't afford to stay on it. His big problem is his temper. He is not interested in sex, wakes up several times a night worrying, and had suicidal thoughts in the past. Mental status examination revealed the veteran to be cooperative, goal oriented, and oriented times three. He had considerable free and bound anxiety, much hostility, and shouted initially. The examiner indicated the hostility was not directed at him personally but the veteran needed to get it out some way. His mood was depressed, moderately severe. His judgment and memory were good. There was no evidence of psychosis, delusions, hallucinations or organicity. The diagnosis was depression, major chronic, moderate. In December 1992, the veteran was admitted to a VA post-traumatic stress disorder unit at a medical facility. It was noted the veteran had been discharged less than a week ago from Building 93 for stabilization of his mood. The veteran had complained for many years of problems related to his war experiences and needed to control his feelings and impulses. He had trouble with feelings of alienation, disillusionment, anger, authority problems, and emotional numbing as a result of his war experiences. At discharge one month later, it was noted the veteran had improved minimally, had gained some coping skills, but continues with his post-traumatic stress disorder symptoms. The prior diagnosis of post-traumatic stress disorder was continued. In June 1993, the veteran submitted a lengthy statement about his war experiences, including participation in missions over North Vietnam. He described the missions in detail, noting one time when there was a lock on his plane for ten minutes but no missiles were fired and another when he participated in a mission which destroyed a North Vietnamese truck convoy, over 20 miles long. The Board has weighed both the probative evidence, the veteran's assertions, and argument on appeal. The Board notes that the veteran had been diagnosed with psychiatric disorders other than post-traumatic stress disorder. However, based upon the veteran's period of hospitalization at the VA medical facility and findings thereof, the Board is persuaded that a diagnosis of post-traumatic stress disorder relating to the veteran's war experiences has been properly established. The evidence needed to support a claim of entitlement to service connection for post-traumatic stress disorder must show that the veteran engaged in combat, or his testimony must be corroborated sufficiently by service records to establish the occurrence of the claimed stressful events. West v. Brown, No. 92-890 (U.S. Vet.App. August 8, 1994). In the instant case, the evidence of record documents that the veteran engaged in aerial combat missions. The veteran's discharge report shows that the veteran received several medals which may denote participation in combat with the enemy and that he served on 114 combat missions as a navigator aboard fighter planes. The Board finds the veteran's testimony on appeal regarding his participation in combat missions to be credible and probative. Accordingly, the Board concludes that service connection for post-traumatic stress disorder is warranted. ORDER Service connection for post-traumatic stress disorder is granted. JEFF MARTIN 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.