BVA9503011 DOCKET NO. 93-07 476 ) DATE ) ) On appeal from the decision of the Department of Veterans Affairs Regional Office in New Orleans, Louisiana THE ISSUE Entitlement to service connection for post-traumatic stress disorder. REPRESENTATION Appellant represented by: Disabled American Veterans ATTORNEY FOR THE BOARD M. Reynolds, Associate Counsel INTRODUCTION The veteran served on active duty from November 1961 to July 1963. This appeal arises from a rating decision of November 1992 from the New Orleans, Louisiana, Regional Office (RO). CONTENTIONS OF APPELLANT ON APPEAL The veteran contends, in essence, that the RO erred when it denied service connection for post-traumatic stress disorder. He specifically alleges that he has this disability as a result of the inservice stressor of having been beaten, robbed and left for dead. 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 evidence supports the claim for service connection for post-traumatic stress disorder. FINDINGS OF FACT 1. All relevant evidence necessary for an equitable disposition of the appeal has been obtained. 2. Post-traumatic stress disorder is attributable to service. CONCLUSION OF LAW Post-traumatic stress disorder was incurred in service. 38 U.S.C.A. §§ 1131, 5107 (West 1991); 38 C.F.R. §§ 3.303, 3.304 (1993). REASONS AND BASES FOR FINDINGS AND CONCLUSION The veteran's claim is well grounded within the meaning of 38 U.S.C.A. § 5107 (West 1991). He has presented a claim that is plausible. We are satisfied that all relevant facts have been properly developed. No further assistance to the veteran is required to comply with the duty to assist the veteran mandated by 38 U.S.C.A. § 5107. The veteran appealed the denial of service connection for post- traumatic stress disorder. Service connection may be established for disability resulting from personal injury suffered or disease contracted in line of duty, or for aggravation of a preexisting injury or disease. 38 U.S.C.A. § 1131 (West 1991). Regulations also provide that 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) (1993). Service connection for post-traumatic stress disorder may be established if, during service, the individual experienced an event that was outside the range of usual human experience that would be markedly distressing to almost anyone, and there are other manifestations, such as persistently reexperiencing the distressing event, avoidance of stimuli associated with the event or numbing of general responsiveness, and persistent symptoms of increased arousal because of the event so as to support the diagnosis. Adjudication of a claim for service connection for PTSD requires evaluation of the supporting evidence in light of the places, types, and circumstances of service, as evidenced by service records, the official history of each organization in which the veteran served, the veteran's military records, and all pertinent medical and lay evidence. West v. Brown, 7 Vet.App. 70 (1994) According to the service medical records, the veteran was evaluated for a concussion of the brain, a head contusion and a lacerated scalp. It was noted that the veteran had been attacked and beaten, receiving a severe beating to the head. It was also noted that the veteran had been unconscious for an undetermined length of time. The Board concludes that the veteran's beating was an event outside the range of usual human experience that would be markedly distressing to almost anyone. Recently, the veteran has undergone VA and private examinations. In September 1991, a VA psychologist summarized that the veteran may have some components of post-traumatic stress disorder, however, there was not a conclusive diagnosis of PTSD. The same month, a VA doctor entered a diagnosis that included post- traumatic stress disorder. In December 1991, the veteran was seen at a private facility. The "BSSW," the clinical psychologist, and the medical doctor entered diagnoses or impressions that included post-traumatic stress disorder. When all the evidence is assembled, the Secretary, is then responsible for determining whether the evidence supports the claim or is in relative equipoise, with the veteran prevailing in either event, or whether a preponderance of the evidence is against the claim, in which case the claim is denied. Gilbert v. Derwinski, 1 Vet.App. 49, 55 (1990). Over the years, the veteran has received numerous other diagnoses. Such conditions are not in issue at this time. The issue before the Board is whether the veteran has post-traumatic stress disorder due to an inservice event. Whether the veteran has coexisting psychiatric disability is not relevant to the appeal. The veteran had an inservice stressor. VA and private examiners have entered impressions or diagnoses that include post-traumatic stress disorder. Although a VA psychologist noted that there was not a conclusive diagnosis of post-traumatic stress disorder, there were components of PTSD, and other examiners concluded that the veteran had PTSD. On balance, the evidence of record supports the claim. ORDER Service connection for post-traumatic stress disorder is granted. H. N. SCHWARTZ 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.