POSTTRAUMATIC STRESS DISORDER (PTSD)

Summary

The Veteran, who served in the United States Marine Corps from February 1989 to January 1995, appeals the denial of service connection for Post-Traumatic Stress Disorder (PTSD), Major Depressive Disorder (MDD), and alcohol use disorder. The Veteran's claims are based on an in-service sexual assault (MST) and the subsequent psychological impact. The Board reviewed evidence including private treatment records, a VA Form 21-0781a detailing the in-service stressor, a February 2025 Board hearing transcript, and a March 2025 Disability Benefits Questionnaire (DBQ) from a private evaluator. The private evaluator opined that the Veteran's PTSD was at least as likely as not caused by the MST and that the MDD and alcohol use disorder were related to the PTSD. The evaluator noted that the Veteran's request to live off-base and early discharge following the incident served as corroborating evidence for the MST. The Board found this evidence sufficient to establish service connection for PTSD on a direct basis and for MDD and alcohol use disorder on a secondary basis. Consequently, service connection for PTSD, MDD, and alcohol use disorder was granted.

Rationale

Current diagnosis of PTSD established.; In-service MST stressor corroborated by Veteran's statements, request to live off-base, and early discharge.; Private medical opinion linked PTSD to MST with favorable nexus.

Full Decision Text

Citation Nr: A26034801
Decision Date: 04/15/26	Archive Date: 04/15/26

DOCKET NO. 210405-150421
DATE: April 15, 2026

ORDER

Entitlement to service connection for post-traumatic stress disorder (PTSD) is granted.

Entitlement to service connection for major depressive disorder (MDD) and alcohol use disorder in sustained remission, on a secondary basis, is granted.

FINDINGS OF FACT

1. The Veteran's PTSD is related to military sexual trauma (MST).

2. The Veteran's MDD and alcohol use disorder are proximately related to the Veteran's PTSD.

CONCLUSIONS OF LAW

1. The criteria for entitlement to service connection for PTSD are met. 38 U.S.C. §§ 1110, 1131, 5107; 38 C.F.R. §§ 3.102, 3.303, 3.304(f)(5).

2. The criteria for entitlement to service connection for MDD and alcohol use disorder are met. 38 U.S.C. §§ 1110, 1131, 5107; 38 C.F.R. §§ 3.102, 3.303, 3.310(a).

REASONS AND BASES FOR FINDINGS AND CONCLUSIONS

The Veteran served on active duty in the United States Marine Corps from February 1989 to January 1995. This matter comes before the Board of Veterans' Appeals (Board) on appeal from a November 2020 rating decision of a Department of Veterans Affairs (VA) Agency of Original Jurisdiction (AOJ).  In April 2021 the Veteran filed a notice of disagreement (VA Form 10182) and requested a Board hearing.  The Veteran testified at a February 2025 Board hearing. A transcript of the hearing is of record. The Board may only consider the evidence of record at the time of the November 2020 rating decision, as well as any evidence submitted by the Veteran, or his representative, at the hearing or within 90 days following the February 2025 hearing. 38 C.F.R. § 20.302(a). 

Of note, the Board has recharacterized the Veteran's claims, as reflected on the title page, to include consideration of any psychiatric disorder reasonably raised by the record. See Clemons v. Shinseki, 23 Vet. App. 1, 6 (2009).

1. Entitlement to service connection for PTSD is granted.

2. Entitlement to service connection for MDD and alcohol use disorder on a secondary basis is granted.

Service connection may be granted for a disability resulting from a disease or injury incurred in or aggravated by active service. 38 U.S.C. §§ 1110, 1131; 38 C.F.R. § 3.303(a). Establishing service connection generally requires evidence of (1) a current disability; (2) an in-service incurrence or aggravation of a disease or injury; and (3) a nexus between the claimed in-service disease or injury and the present disability. Shedden v. Principi, 381 F.3d 1163 (Fed. Cir. 2004).

Service connection may also be established on a secondary basis for a disability proximately due to or aggravated by a service-connected disease or injury.  See 38 C.F.R. §3.310(a); see also Allen v. Brown, 7 Vet. App. 439 (1995) (en banc).  To establish secondary service connection, a Veteran must show: (1) the existence of a present disability; (2) the existence of a service-connected disability; and (3) a causal relationship between the present disability and the service-connected disability.  See Wallin v. West, 11 Vet. App. 509, 512 (1998).

Service connection for PTSD has unique evidentiary requirements. It generally requires: (1) medical evidence diagnosing the condition in accordance with 38 C.F.R. § 4.125(a); (2) credible supporting evidence that the claimed in-service stressor actually occurred; and (3) medical evidence of a link between current symptomatology and the claimed in-service stressor. 38 C.F.R. § 3.304(f); see also Cohen v. Brown, 10 Vet. App. 128 (1997).

If a PTSD claim is based on in-service personal assault, evidence from sources other than a veteran's service records may corroborate his account of the stressor incident. 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
125(a); (2) credible supporting evidence that the claimed in-service stressor actually occurred; and (3) medical evidence of a link between current symptomatology and the claimed in-service stressor. 38 C.F.R. § 3.304(f); see also Cohen v. Brown, 10 Vet. App. 128 (1997).

If a PTSD claim is based on in-service personal assault, evidence from sources other than a veteran's service records may corroborate his account of the stressor incident. 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. 38 C.F.R. § 3.304 (f)(5).

Here, the Veteran is currently diagnosed with PTSD; MDD; and alcohol use disorder, in sustained remission, establishing the first element of service connection. See January 2021 Private treatment records; March 2025 Disability Benefits Questionnaire (DBQ). 

Regarding element two of direct service connection for PTSD, the Veteran has consistently reported during the pendency of the appeal that he was sexually assaulted by another servicemember and bunkmate, shortly before separating from the military. See July 2020 VA Form 21-0781a; February 2025 Board Hearing Transcript. Regarding element two of secondary service connection, PTSD is granted in the instant decision; therefore, that element is met as well.

The only opinion of record is from a private evaluator and is in favor of the claims. See March 2025 PTSD DBQ. The examiner opined that the Veteran's PTSD was at least as likely as not incurred in or caused by the in-service stressor of MST and that the depressive disorder and alcohol use disorder are related to the PTSD. The evaluator reasoned that the marker evidence for MST is the Veteran's formal request to live off base after the incident and his discharge shortly thereafter when he decided he could not trust the military and was done with the military. Thus, the final element of service connection on a direct basis for PTSD and secondary basis for MDD and alcohol use disorder is met.

Based on the above, the Board finds that all elements of service connection are met and the benefit sought on appeal is GRANTED.

 

 

JIMMY L. BARDIN

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	J. J. Rogers, 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.