BVA9504271 DOCKET NO. 93-13 907 ) DATE ) ) On appeal from the decision of the Department of Veterans Affairs (VA) Regional Office (RO) in Nashville, Tennessee THE ISSUE Entitlement to service connection for a psychiatric disability, including post-traumatic stress disorder (PTSD). REPRESENTATION Appellant represented by: Veterans of Foreign Wars of the United States INTRODUCTION The veteran served on active duty from September 1969 to July 1973. This appeal is from an October 1992 RO decision denying service connection for PTSD and an avoidant personality disorder. CONTENTIONS OF APPELLANT ON APPEAL It is argued on the veteran's behalf that, since an August 1992 VA psychiatric examination arrived at no diagnosis, another examination should be scheduled. His representative points out that the veteran does not want to talk about his Vietnam experiences, and argues that this is consistent with PTSD. Attention is drawn to the veteran's service in Vietnam, and Combat Action Ribbon. 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 claim for service connection for a psychiatric disability is not well grounded, and must be dismissed. FINDINGS OF FACT 1. The veteran participated in combat in Vietnam. 2. There is no competent evidence of a psychiatric disability in service or during the years between service and the present. 3. There is no allegation that additional evidence exists that might establish the presence of a psychiatric disability. 4. The only current psychiatric diagnosis is avoidant personality disorder; there is no diagnosis of PTSD. CONCLUSION OF LAW The claim for service connection for a psychiatric disability is not well grounded. 38 U.S.C.A. §§ 1110, 5107(a) (West 1991); 38 C.F.R. §§ 3.303(c), 3.304(f) (1994); Rabideau v. Derwinski, 2 Vet.App. 141 (1992). REASONS AND BASES FOR FINDINGS AND CONCLUSION Factual Background According to his DD 214, the veteran served as a Marine in Vietnam from July 1970 to May 1971, and was awarded the Combat Action Ribbon. His service medical records contain no complaints, findings or diagnoses of any psychiatric disorder. His original claim for compensation, received in May 1992, cites PTSD as the disability for which compensation is sought, but alleges no treatment or hospitalization in service, over the years since service, or currently. In June 1992 the RO wrote the veteran to ask for more specific details. His mother responded that he refused to talk about Vietnam, and asked that he be given an examination. The veteran was examined by VA in August 1992. The diagnosis on Axis I was "No Diagnosis;" the diagnosis on Axis II was "Personality disorder not otherwise specified (Avoidant personality disorder)." The examiner further stated that "[t]oday's exam does not fulfill the requirements of DSM III-R for the diagnosis of PTSD." Legal Analysis The evidence indicates the presence of a personality disorder. "[P]ersonality disorders... as such are not diseases or injuries within the meaning of applicable legislation." 38 C.F.R. § 3.303(c). In this case, the applicable legislation is 38 U.S.C.A. § 1110, which provides disability compensation for "disability resulting from personal injury suffered or disease contracted in line of duty.... " (emphasis added). Section 3.303(c) provides that personality disorders do not qualify as "diseases or injuries" and thus precludes disability compensation for them. The evidence does not provide "a clear diagnosis" (or any diagnosis) of PTSD, which is a requirement for service connection under 38 C.F.R. § 3.304(f). While the Board acknowledges the veteran’s combat service, this does not establish the presence of PTSD or any other psychiatric disorder. The only disorder diagnosed is a personality disorder. Another examination is requested, but there is no reason to believe it would yield any different result. The Axis I diagnosis of "no diagnosis" on the August 1992 examination does not indicate a failure to diagnose or an incomplete examination. Rather, it indicates the absence of any clinical syndrome. Where there is no evidence of pertinent disease or injury in service, and no evidence of present disability, the claim is not well grounded. See Rabideau v. Derwinski, 2 Vet.App. 141 (1992). The record is devoid of cognizable evidence of a psychiatric disability for which service connection may be granted in service, currently, or at any time in the interim. "[W]here the determinative issue involves medical causation or a medical diagnosis, competent medical evidence to the effect that the claim is ‘plausible’ or ‘possible’ is required." Grottveit v. Brown, 5 Vet.App. 91 (1993). There is no such medical evidence in this case, and the claim must be dismissed. The RO is advised that decisions on the merits on this claim prior to and including this decision are to be regarded as dismissals, without finality as to the merits. See Grottveit v. Brown, 5 Vet.App. 91 (1993), Grivois v. Brown, 6 Vet.App. 136 (1994). As finality on the merits does not attach, there can be no prejudice to the veteran in dismissing the claim, even though the RO decision was on the merits. Compare Bernard v. Brown, 4 Vet.App. 384 (1993). (CONTINUED ON NEXT PAGE) ORDER The claim for service connection for a psychiatric disorder, including PTSD, is dismissed. J. E. DAY 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.