190731-23451
190731-23451
| Board of Vet. App. | Jun 30, 2021Background
- Veteran served in the U.S. Navy, Feb 1978–Jul 1980, and later sought VA benefits for PTSD claimed to result from military sexual trauma (MST).
- Prior denials: legacy rating decision (Mar 2016) and RAMP HLR decision (Sep 2018) denied service connection for PTSD for lack of corroboration of the in‑service stressor; a May 2019 supplemental claim was denied as not new and relevant (Jun 2019).
- Veteran submitted a private April 2019 cognitive/psychosocial assessment diagnosing PTSD due to MST and identifying in‑service and post‑service behavioral markers (disciplinary Article 10, decreased drill participation, post‑service substance abuse, relationship problems).
- Per Justus, for reopening the Board accepted the facts recited in the April 2019 assessment as true; the Board found that assessment constituted new and relevant evidence to reopen the claim.
- On the merits the Board credited the April 2019 examiner’s nexus opinion and, resolving reasonable doubt in the Veteran’s favor, found the claimed in‑service MST corroborated and causally related to the Veteran’s diagnosed PTSD; service connection for PTSD due to MST was granted.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether new and relevant evidence was submitted to reopen the previously denied PTSD claim | Veteran: April 2019 assessment and treatment records are new and relevant and corroborate the in‑service stressor | AOJ: Evidence submitted was not new and relevant; April 2019 assessment insufficient to corroborate stressor | Board: April 2019 assessment is new and relevant; claim reopened (accepting alleged facts as true for reopening) |
| Whether service connection for PTSD due to MST is established | Veteran: PTSD diagnosed and linked to in‑service MST by examiner; behavioral markers corroborate occurrence and nexus | AOJ (and prior decisions): No credible corroboration of the claimed in‑service MST | Board: Credited April 2019 examiner; resolved reasonable doubt for Veteran; found MST corroborated and PTSD service‑connected |
Key Cases Cited
- Shedden v. Principi, 381 F.3d 1163 (Fed. Cir. 2004) (sets general elements required to establish service connection)
- Arzio v. Shinseki, 602 F.3d 1343 (Fed. Cir. 2010) (describes PTSD‑specific evidentiary requirements)
- Menegassi v. Shinseki, 638 F.3d 1379 (Fed. Cir. 2011) (medical opinion may corroborate occurrence of MST stressor)
- Jandreau v. Nicholson, 492 F.3d 1372 (Fed. Cir. 2007) (lay evidence competency rules)
- Justus v. Principi, 3 Vet. App. 510 (1992) (for reopening, Board accepts as true facts alleged in new evidence)
- Barr v. Nicholson, 21 Vet. App. 303 (2007) (Board must assess credibility of competent evidence)
- Caluza v. Brown, 7 Vet. App. 498 (1995) (Board may weigh probative value of evidence considering consistency and plausibility)