Entitlement to service connection for posttraumatic stress disorder (PTSD) due to military sexual trauma (MST) is granted.
Dr. Craig Bash has done thousands of case evaluations at the VA Hospital/regional office/BVA and court levels.
Complete list of BVA cases can be found at The Department of Veterans Affairs Website
(Search Dr. Bash, Craig N. Bash M.D., Dr. Craig Bash , Craig Bash, C.N.B.)
Citation Nr: 21049282 Decision Date: 08/11/21 Archive Date: 08/11/21 DOCKET NO. 18-41 897 DATE: August 11, 2021 ORDER Entitlement to service connection for posttraumatic stress disorder (PTSD) due to military sexual trauma (MST) is granted. FINDING OF FACT The Veteran reports sexual trauma in service; the Veteran's service treatment records contain markers which substantiate the reported stressor and her VA treatment records document a diagnosis of PTSD related to that in-service trauma. CONCLUSION OF LAW The criteria for service connection for PTSD have been met. 38 U.S.C. §§ 1131, 5107; 38 C.F.R. §§ 3.102, 3.303, 4.125. REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran served on active duty in the United States Air Force from March 1984 to August 1986. For her meritorious service, the Veteran was awarded (among other awards) the Air Force Achievement Medal. This matter comes before the Board of Veteran's Appeals (Board) on appeal from a May 2016 rating decision by the Department of Veterans Affairs (VA) Regional Office (RO). In August 2021, the Veteran testified at a virtual video conference hearing before the undersigned Veterans Law Judge. Entitlement to service connection for posttraumatic stress disorder (PTSD) due to military sexual trauma (MST) is granted. Generally, to establish service connection, a Veteran must show: (1) a present disability; (2) an in-service incurrence or aggravation of a disease or injury; and (3) a causal relationship between the present disability and the disease or injury incurred or aggravated during service, the so-called "nexus" requirement. Shedden v. Principi, 381 F.3d 1163, 1167 (Fed. Cir. 2004). Service connection for PTSD requires medical evidence diagnosing the condition in accordance with 38 C.F.R. § 4.125(a), a link, established by medical evidence, between current symptoms and an in-service stressor; and credible supporting evidence that the claimed in-service stressor occurred. There are special provisions relating to PTSD claims based on an in-service personal assault (including military sexual trauma). When a PTSD claim is based on an in-service personal assault, the regulations authorize the use of evidence from sources other than a veteran's service records to corroborate a veteran's account of the stressor incident. 38 C.F.R. § 3.304(f)(5). Examples of such evidence include but are not limited to: records from law enforcement authorities, rape crisis centers, mental health counseling centers, hospitals, or physicians; pregnancy tests or tests for sexually transmitted diseases; and statements from family members, roommates, fellow service members, or clergy. Evidence of behavior changes following the claimed assault is one type of relevant evidence that may be found in these sources. Examples of behavior changes that may constitute credible evidence of the stressor include, but are not limited to: a request for a transfer to another military duty assignment; deterioration in work performance; substance abuse; episodes of depression, panic attacks, or anxiety without an identifiable cause; or unexplained economic or social behavior changes. Id. In addition, VA may submit any evidence that it receives to an appropriate medical or mental health professional for an opinion as to whether it indicates that a personal assault occurred. Id. The Veteran contends she experienced sexual trauma in-service and suffers from PTSD as a result. The Veteran submitted a statement regarding the stressor incidents in-service. She stated that in-service she was seen for respiratory issues, she was given something that made her fall asleep and she woke up with pain in her neck and groin. She stated she was sick to her stomach, dizzy, with semen in her hair. She stated she had nightmares for 33 years afterwards. The Veteran described a second incident in-service. She stated her head was bashed into a cement wall and she was raped and sodomized. The Veteran reported that she had lost a lot of weight and her squad commander questioned her about drug use. She reported she told her squad commander what happened and was asked if she wanted to prosecute. She stated she was given drug tests but no counseling. The Veteran's VA treatment records document she was seen by mental health for treatment and therapy. In August 2014 VA treatment records, the Veteran was diagnosed with PTSD. The first criterion for service connection is met. While there are no documented reports of MST in-service in the Veteran's service treatment records (STR), the Veteran's STR do reflect the Veteran was seen in-service for eating disturbances, an eating disorder, nervousness, and depression. The Veteran's STR also document the Veteran denied drug use and drug use was not substantiated in a drug evaluation for social actions (which correlates to the Veteran's statements). The Veteran's report of medical history from May 1986 at separation also reflected the Veteran's contention of depression. Additionally, the Veteran's personnel record reflects a report the Veteran used and possessed marijuana in 1986 and received an Article 15. Her personnel record otherwise repeatedly documented the Veteran completed assigned duties in an outstanding manner. The Veteran also provided testimony at her August 2021 VA hearing. The Board concludes the second requirement for service connection is met. As such, the question remaining for consideration is whether there is a nexus between the in-service injury and PTSD, a link between current symptoms and an in-service stressor, and the special provisions for a PTSD claim based on an in-service MST. As indicated above, the Veteran's STR and personnel records reflect behavior changes including substance abuse and the Veteran's STR document nervousness, depression, and an eating disorder. The Veteran's STR contain clear MST markers in-service. The Veteran's VA treatment records clearly reflect the Veteran's PTSD symptoms are secondary to MST involving a rape in-service. The Veteran reported anger issues, emotional reactions, and memories of the previous trauma. She reports emotional withdrawal and using anger to distance herself from relationships. As there is a VA medical diagnosis of PTSD related to the claimed in-service stressor of MST in-service, and credible supporting evidence of the occurrence of that stressor, the Board concludes that the evidence supports the grant of service connection for PTSD due to MST. 38 U.S.C. § 5107(b); 38 C.F.R. § 3.102. Evan M. Deichert Veterans Law Judge Board of Veterans' Appeals Attorney for the Board J. Mouzakis, Associate Counsel The Board's decision in this case is binding only with respect to the instant matter decided. This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.