POSTTRAUMATIC STRESS DISORDER (PTSD)

Summary

The Veteran, an Army service member who served from October 1968 to October 1971, including service in the Republic of Vietnam, appeals the denial of service connection for Posttraumatic Stress Disorder (PTSD). The Agency of Original Jurisdiction (AOJ) denied the claim in December 2025. The Veteran submitted a Notice of Disagreement in January 2026, electing Direct Review. The Board of Veterans' Appeals (Board) reviewed the evidence of record at the time of the AOJ decision. The Veteran's service treatment records did not mention psychiatric disability, but personnel records confirm service in Vietnam as a cable splicer. The AOJ made a favorable finding that the Veteran's stressor was conceded due to his service in Vietnam and fear of hostile military action. A VA treatment record from April 2006 noted the Veteran's PTSD symptoms stemming from Vietnam combat experiences. A November 2023 VA psychiatric examination was found to have limited probative value as it did not address the prior PTSD diagnosis. A June 2024 private psychological evaluation by F. Nolen, Ph.D., found the Veteran credible and opined that his PTSD had a nexus to military-related stressors, detailing three specific combat stressors. The Veteran's August 2024 statements corroborated combat events, including enemy attacks and witnessing a fellow soldier's injury. The Board found the evidence in equipoise regarding the onset of PTSD during service, noting the AOJ's favorable stressor finding, prior PTSD diagnoses, and Dr. Nolen's opinion. Applying the benefit of the doubt, the Board granted service connection for PTSD.

Rationale

AOJ favorable finding of conceded stressor; Prior PTSD diagnoses in VA treatment records; Private psychological evaluation opined nexus to military stressors; Veteran's statements corroborated combat events; Evidence in equipoise regarding onset during service; Benefit of the doubt applied

Full Decision Text

Citation Nr: A26040477
Decision Date: 04/30/26	Archive Date: 04/30/26

DOCKET NO. 260128-628297
DATE: April 30, 2026

ORDER

Entitlement to service connection for posttraumatic stress disorder (PTSD) is granted.

FINDING OF FACT

PTSD has been shown to have originated during active service.

CONCLUSION OF LAW

The criteria for service connection for PTSD have been met.  38 U.S.C. §§ 1110, 5107; 38 C.F.R. §§ 3.102, 3.104(c), 3.303, 3.304.

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran had active service from October 1968 to October 1971.  He served in the Republic of Vietnam.  

In December 2025, the Agency of Original Jurisdiction denied service connection for PTSD.  In January 2026, the Veteran submitted a Decision Review Request: Board Appeal (Notice of Disagreement), VA Form 10182, and elected the Direct Review docket.  Therefore, the Board of Veterans' Appeals (Board) may only consider the evidence of record at the time of the Agency of Original Jurisdiction decision on appeal.  38 C.F.R. § 20.301.  Any evidence submitted after the Agency of Original Jurisdiction decision on appeal was not considered by the Board.  38 C.F.R. §§ 20.300, 20.301, 20.801. 

The Veteran was notified of the December 2025 Agency of Original Jurisdiction decision on appeal within one year of the issuance of this decision.  As the grant of entitlement to service connection for PTSD represents a full grant of benefits sought on appeal, any error is nonprejudicial and constitutes no more than harmless error.  38 C.F.R. § 20.802(a); Williams v. McDonough, 37 Vet. App. 305 (2024). 

Service Connection for PTSD

The Veteran asserts that service connection for PTSD is warranted as the claimed disability was manifested as the result of his traumatic experiences in the Republic of Vietnam.

Service connection may be established for a disability arising from disease or injury incurred in or aggravated by active service.  38 U.S.C. §§ 1110; 38 C.F.R. § 3.303(a).  Service connection may be established for any disease diagnosed after separation from service, when all the evidence, including that pertinent to service, establishes that the disease was incurred in service.  38 C.F.R. § 3.303(d).

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.  If the evidence establishes that the veteran engaged in combat with the enemy and the claimed stressor is related to that combat, in the absence of clear and convincing evidence to the contrary, and provided that the claimed stressor is consistent with the circumstances, conditions, or hardships of the veteran's service, the veteran's lay testimony alone may establish the occurrence of the claimed in-service stressor.  38 C.F.R. § 3.304(f).  

The service treatment records do not refer to a psychiatric disability.  The service personnel records reflect that the Veteran served with the Army; his military occupational specialty was a cable splicer; and he was deployed to the Republic of Vietnam.  

The Board is bound by favorable findings by the Agency of Original Jurisdiction in the absence of evidence of clear and unmistakable evidence.  38 C.F.R. § 3.104(c).  

In the December 2025 rating decision, the Agency of Original Jurisdiction made a favorable finding that "a stressor is conceded based on the Veteran's service in Republic of Vietnam with the fear of hostile military action."  

An April 2006 VA treatment record conveys that "the Veteran states that he did a tour of duty in Vietnam in 1969 and experienced a lot of combat experiences."  The Veteran was diagnosed with PTSD.  A June 2006 VA treatment record states that the "Veteran endorsed PTSD symptoms from his time in Vietnam and states that it is a lifelong problem since the military service."  

The report of a November 2023 psychiatric examination conducted for VA conveys the Veteran did not have a mental disorder.  The examiner did not address the April 2006 PTSD diagnosis.  Considering such deficiency, the Board finds that the examination report is of limited probative value. 

A June 2024 psychological evaluation from F. Nolen, Ph.D., states
 treatment record conveys that "the Veteran states that he did a tour of duty in Vietnam in 1969 and experienced a lot of combat experiences."  The Veteran was diagnosed with PTSD.  A June 2006 VA treatment record states that the "Veteran endorsed PTSD symptoms from his time in Vietnam and states that it is a lifelong problem since the military service."  

The report of a November 2023 psychiatric examination conducted for VA conveys the Veteran did not have a mental disorder.  The examiner did not address the April 2006 PTSD diagnosis.  Considering such deficiency, the Board finds that the examination report is of limited probative value. 

A June 2024 psychological evaluation from F. Nolen, Ph.D., states that the Veteran had been interviewed and his records had been reviewed. He noted that "I consider the Veteran an honest and reliable informant."  The doctor concluded that "I believe the Veteran's PTSD has the nexus of their military-related stressors more likely than not."  The doctor commented that "PTSD is produced by life threatening, life ending, or sexual traumas" and "the Veteran has not experienced any of the above threats before or after the military but did experience at least one life threating and life ending situations while in service."  He clarified that the diagnosed PTSD was based upon "Stressor 1: the Veteran reported stringing cable near Granite Mountain; a group of the enemy went by; and he reported back to his leader and battle began;" "Stressor 2: the Veteran dealt with caves and tunnels;" and "Stressor 3: the Veteran reported at Ben Hoa, his base was overrun by sappers then heavy artillery, rockets, mortars, heavy and small arms fire and the sappers blew up a ammo dump or gas tank explosion and people were killed and wounded." 

In August 2024 written statements, the Veteran conveyed that he experienced stressful events while serving in the Republic of Vietnam including have been attacked by the enemy while burying a cable on a mountian; witnessing the enemy place explosives on fuel tanks and a fellow serviceman get injured.  He clarified that: "while burying cable at Camp Granite, the Veteran observed the enemy approaching, radioed his sergeant, and his sergeant informed him that they were under attack;" and "at Qui Nhon, we were attacked sometime in the middle of the night;" and "I watched as a fellow soldier's throat was slit." 

The record is at least in equipoise as to whether the diagnosed PTSD began during active service.  The Veteran served in Republic of Vietnam.  The Agency of Original Jurisdiction made a favorable finding that the Veteran experienced stressors including the fear of hostile military action during his service in the Republic of Vietnam.  VA and private examiners have diagnosed the Veteran with PTSD.  Dr. Nolan opined that the diagnosed PTSD is related to the Veteran's inservice traumatic experiences.  Upon resolution of all reasonable doubt in the Veteran's favor, the Board finds that service connection for PTSD is warranted.  38 U.S.C. §5107; 38 C.F.R. § 3.102.

 

 

J. T. HUTCHESON

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	Kotroco, Emily

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.