BVA9506400 DOCKET NO. 92-11 889 ) DATE ) ) On appeal from the decision of the Department of Veterans Affairs (VA) Regional Office (RO) in Manila, Philippines THE ISSUE Entitlement to service connection for post-traumatic stress disorder (PTSD). REPRESENTATION Appellant represented by: Disabled American Veterans ATTORNEY FOR THE BOARD W. H. Wetmore, Counsel INTRODUCTION The veteran served on active duty in the United States Armed Forces from April 1945 to January 1946 and from June 1946 to March 1949. The Board of Veterans' Appeals (Board) initially received this case on appeal from a December 1990 RO rating decision. The Board remanded the case in August 1993. Statements received at the Board from the veteran in February 1995 represent a request for pension benefits. Since this matter has not been developed or certified for appellate consideration, it is referred to the RO for such action as is deemed appropriate. CONTENTIONS OF APPELLANT ON APPEAL The veteran contends that he was a prisoner of war, that he was awarded the Bronze Star Medal and the Combat Infantryman's Badge, and that he has been diagnosed as having PTSD; therefore, service connection is in order. It is asserted that his current major depression is linked to the previously demonstrated PTSD. 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 the claim of service connection for PTSD. FINDINGS OF FACT 1. The veteran's PTSD is due to stressors which occurred before his entrance onto active duty in the United States Armed Forces. 2. It is not shown that the veteran's periods of active duty in the United States Armed Forces involved incidents which have been considered productive of stressors which would result in the development of PTSD. CONCLUSION OF LAW The veteran's PTSD is not a disability which is the result of disease or injury incurred in or aggravated by service. 38 U.S.C.A. §§ 1110, 1131, 5107, 7104 (West 1991); 38 C.F.R. §§ 3.102, 3.303, 3.304 (1994). REASONS AND BASES FOR FINDINGS AND CONCLUSION The Board finds the veteran's claim to be well grounded within the meaning of 38 U.S.C.A. § 5107 because it is plausible. See Murphy v. Derwinski, 1 Vet.App. 78 (1991). That is, his service included wartime service and he was awarded the Bronze Star Medal and the Combat Infantryman's Badge, so it conceded that he was exposed to stressful events. Moreover, the record shows a diagnosis of PTSD, beginning during treatment at a VA facility in October 1987 and extending through a period of several years. Thus, the facts on their face show a plausible basis for the claim. Further, the Board finds that all relevant facts have been properly developed and there is no further assistance required in order to comply with § 5107. See Littke v. Derwinski, 1 Vet.App. 90 (1990). That is , the record shows that the veteran has been treated for PTSD and personnel records showing evidence sufficient to support a claim of stressors in service are of record. However, the record shows that the stressors the veteran has actually complained of occurred during a period or periods of interment by the Imperial Japanese Army. He has claimed that he was on active duty with the United States Armed Forces during these times but the record shows that these events actually preceded his period of recognized service for VA compensation purposes. Since he does not have creditable service during the periods when he says he experienced the stressful events which have lead to a diagnosis of PTSD, service connection for PTSD is not in order. The Board has searched the record for some complaint by the veteran that some event occurred during his periods of active duty with the United States Armed Forces but there is no such indication in the records of psychiatric treatment that any of his complaints which support the diagnosis of PTSD are rooted in any experience during the periods when he had qualifying service. The Board notes that there are several statements to the effect of that made in February 1992 that the PTSD was due to his prison camp experiences. There is no statement that it is due to any other experience. Under these circumstances, the Board concludes that service connection is not in order. Further, the contended linkage between the currently diagnosed major depression and PTSD is a moot issue because the stressors which have given rise to the veteran's PTSD are not shown to have had their onset during qualifying service. Moreover, the veteran is not shown to have PTSD until many years after service and thus his periods of qualifying active duty are established as not aggravating the disability. ORDER Service connection for PTSD is denied. BARBARA B. COPELAND 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.