14-15 937
14-15 937
| Board of Vet. App. | Apr 27, 2018Background
- Veteran served active duty Apr 1974–Feb 1978 and appealed an RO rating decision to the Board of Veterans' Appeals.
- Inservice incidents: reported harassment and verbal/physical assaults by military security police in 1977, including pepper‑spraying/beating after a traffic stop; hospitalized Sept 1977 for psychiatric complaints (sleep/eating problems).
- Inservice diagnosis (1977): chronic mixed personality disorder with paranoid/passive‑aggressive features; personality disorders are not compensable as a matter of law.
- Postservice treatment: VA exams in Dec 2011 (diagnosed dysthymic disorder; examiner opined not service‑related) and Mar 2017 (VA psychologist diagnosed PTSD, major depressive disorder, dysthymia and opined these were at least as likely as not related to service).
- Veteran testified at a 2017 hearing and stated he did not seek VA care earlier because he was unaware of benefits and could not afford private care.
- Board found the inservice stressor verified, weighed conflicting medical opinions, concluded evidence was in equipoise, and granted service connection for major depressive disorder, dysthymia, and PTSD.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Entitlement to service connection for acquired psychiatric disorder (anxiety/dysthymia/PTSD) | Veteran: psychiatric disorders began in service after harassment/assault by military police; symptoms persisted postservice and were linked to that event | VA/RO: earlier examiner (2011) attributed dysthymia to chronic medical conditions and chronic pain, not service | Granted: Board found verified in‑service stressor and, weighing conflicting opinions, resolved doubt in Veteran's favor and awarded service connection for major depressive disorder, dysthymia, and PTSD |
Key Cases Cited
- Fagan v. Shinseki, 573 F.3d 1282 (Fed. Cir. 2009) (elements and framework for establishing service connection)
- Shedden v. Principi, 381 F.3d 1163 (Fed. Cir. 2004) (service‑connection nexus principles)
- Cohen v. Brown, 10 Vet. App. 128 (Vet. App. 1997) (criteria for establishing PTSD based on claimed in‑service stressor)
- Wise v. Shinseki, 26 Vet. App. 517 (Vet. App. 2014) (resolving approximate balance of positive and negative evidence in favor of veteran)