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Citation Nr: 1554465
Decision Date: 12/31/15    Archive Date: 01/07/16

DOCKET NO.  05-27 480	)	DATE
	)
	)

On appeal from the
Department of Veterans Affairs Regional Office in New Orleans, Louisiana

THE ISSUE

Entitlement to service connection for an acquired psychiatric disorder to include posttraumatic stress disorder (PTSD).

REPRESENTATION

Appellant represented by:	Paralyzed Veterans of America, Inc.

ATTORNEY FOR THE BOARD

J. Acosta, Associate Counsel

WITNESS AT HEARING ON APPEAL

Appellant
INTRODUCTION

The Veteran served on active duty from August 1967 to August 1969.  She also had subsequent service in the United States Marine Corp Reserves.

This matter initially came before the Board of Veterans' Appeals (Board) on appeal from a June 2004 rating decision of the Department of Veterans Affairs (VA) Regional Office (RO) in New Orleans, Louisiana, which denied service connection for PTSD.  In Clemmons v. Shinseki, 23 Vet. App. 1 (2009) the Court held that, when the Veteran specifically requests service connection for PTSD, but the medical record includes other psychiatric diagnoses, the claim may not be narrowly construed as only a PTSD claim.  In light of this holding, and the fact that the Veteran has been diagnosed with psychiatric disorders other than PTSD, the issue has been recharacterized, as stated on the title page.

In March 2008, the Veteran testified at a personal hearing over which the undersigned Acting Veterans Law Judge presided in Washington D.C.  A transcript of the hearing has been associated with the Veteran's claims file.  The Board Remanded the appeal in February 2009, August 2011, and August 2013.

The Veteran's claims file is now wholly electronic.

FINDINGS OF FACT

1.  No acquired chronic psychiatric disability was present until many years following the Veteran's 1969 discharge from active service, or until about 10 years after her separation from reserve service.

2.  The preponderance of the evidence is against a finding that a current acquired psychiatric disorder, to include PTSD, is etiologically related to the Veteran's active or reserve service.

CONCLUSION OF LAW

The criteria for service connection for an acquired psychiatric disorder, to include PTSD, are not met, nor may service connection for a chronic acquired psychiatric disorder, to include a psychosis, be presumed.  38 U.S.C.A. §§ 101(24), 1101, 1110, 1131 (West 2014); 38 C.F.R. § 3.303, 3.04, 3.307, 3.309 (2015).

REASONS AND BASES FOR FINDINGS AND CONCLUSION

Service connection may be established for a disability resulting from disease or injury incurred in or aggravated by service.  38 U.S.C.A. §§ 1110, 1131; 38 C.F.R. § 3.303.  Evidence of continuity of symptomatology from the time of service until the present is required where the chronicity of a condition manifested during service either has not been established or might reasonably be questioned.  38 C.F.R. § 3.303(b).

Some chronic diseases are presumed to have been incurred in service, although not otherwise established as such, if manifested to a degree of ten percent or more within one year of the date of separation from service.  38 U.S.C.A. §§ 1101, 1112; 38 C.F.R. § 3.307(a)(3), 3.309(a) (listing applicable chronic diseases, including psychoses).  Proof of service incurrence through continuity of symptomatology is restricted to chronic diseases defined as such by VA regulation.  Walker v. Shinseki, 708 F.3d 1331 (Fed. Cir. 2013).

Regulations also provide that service connection may be granted for any disease diagnosed after discharge, when all the evidence, including that pertinent to service, establishes that the disability was incurred in service.  38 C.F.R. § 3.303(d).

The term "active service" also includes ACDUTRA during which the individual concerned was disabled from a disease or injury incurred or aggravated in line of duty, or INACDUTRA during which the individual concerned was disabled from an injury incurred or aggravated in line of duty.  38 U.S.C.A. § 101(24); 38 C.F.R. §§ 3.1(d), 3.6(a).  "Active service" may also be established by circumstances not alleged in this case, such as myocardial infarction.  Id.  A stressor which results in PTSD, or other acquired psychiatric disorder, constitutes an injury as defined for VA compensation purposes.  VAOPGCPREC 08-2001 (February 26, 2001).

To establish service connection for an injury, the Court generally requires a Veteran to show (1) medical evidence of a current disability, (2) medical or lay evidence of in-service incurrence or aggravation of an injury, and (3) medical evidence of a nexus between the claimed in-service injury and the present disability.  Dalton v. Nicholson, 21 Vet. App. 23, 36 (2007).

In order to establish service connection for PTSD, governing law requires: (1) medical evidence diagnosing the condition in accordance with 38 C.F.R. § 4.125(a) (i.e., DSM-IV, when this claim was initially submitted, or DSM-V under current regulations); (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).

The record does not show that the Veteran engaged in combat with the enemy, nor does she so contend.  Since the Veteran did not engage in combat with the enemy, the Veteran's lay testimony, by itself, is not sufficient to establish the occurrence of the alleged stressor.  Instead, the record must contain credible supporting evidence that corroborates the Veteran's testimony or statements.  38 C.F.R. § 3.304(f); Stone v. Nicholson, 480 F.3d 1111 (Fed. Cir. 2007).

Corroboration of every detail of a claimed stressor, including the appellant's personal participation, is not required.  Instead, a Veteran only needs to offer independent evidence of a stressful event that is sufficient to imply his or her personal exposure.  Pentecost v. Principi, 16 Vet. App. 124, 128 (2002) (quoting Suozzi v. Brown, 10 Vet. App. 307 (1997)).

If a PTSD claim is based on in-service personal assault, evidence from sources other than the Veteran's service records may corroborate the Veteran's 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.  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.

The Veteran was advised that evidence from sources other than service records could constitute credible supporting evidence of a stressor.  An appropriate medical or mental health professional was asked for an opinion as to whether the personal assault stressor was incurred during service, based on all evidence of record.  38 C.F.R. § 3.304(f)(5).

While the appeal was in development, the United States Court of Appeals for Veterans Claims (Court) recognized the widely-held view that the absence of an entry in a record may which would ordinarily be recorded gives rise to a legitimate negative inference that the event did not occur; Buczynski v. Shinseki, 24 Vet. App. 221, 224 (2011); Kahana v. Shinseki, 24 Vet. App. 428, 440 (2011) (Lance, J., concurring) (citing the Federal Rules of Evidence for the proposition that "the absence of an entry in a record may be evidence against the existence of a fact if such a fact would ordinarily be recorded").

The final requirement of 38 C.F.R. § 3.304(f) is medical evidence of a nexus between the claimed in-service stressor and the current disability.  After-the-fact medical nexus evidence cannot be the sole evidence of the occurrence of the claimed stressor.  Moreau, 9 Vet. App. at 396.  That is, the fact that a physician or other health professional accepted a Veteran's description of military experiences as credible and diagnosed him/her as suffering from PTSD does not mean the [Board is] required to grant service connection for PTSD.  Wilson v. Derwinski, 2 Vet. App. 614, 618 (1992).
When there is an approximate balance of positive and negative evidence regarding any issue material to the determination of a matter, the Secretary shall give the benefit of the doubt to the claimant.  38 U.S.C.A. § 5107(b); see also Gilbert v. Derwinski, 1 Vet. App. 49, 53 (1990).

The Board has reviewed all the evidence in the claims file.  There is no requirement that each item of evidence submitted by the appellant be discussed.  Rather, the Board's analysis below will focus specifically on what evidence is needed to substantiate the claim and what the evidence in the claims file shows, or fails to show, with respect to the claim.  See Gonzales v. West, 218 F.3d 1378, 1380-81 (Fed. Cir. 2000); Timberlake v. Gober, 14 Vet. App. 122, 128-30 (2000).

Facts and analysis

More than 300 pages of Service Personnel Records and Service Dental Records have been associated with the electronic claims files.  Unfortunately, many pages of the records obtained are illegible, through no fault of the Veteran.  Many of the records show that the image obtained was the "best image" available even where the image remains illegible.  The Veteran's service treatment records have been determined to be unavailable, through no fault of the Veteran's, despite numerous attempts to obtain such records over a period of more than 10 years.  Some service personnel records from her tour of active duty and from her reserve service are of record and are legible.

The personnel records available from the Veteran's period of active service reflect that she was not charged with any offense, received no judicial punishments, and there is no record of any adverse report.  There is also no evidence of psychiatric, mental health, or family counseling.  Further, there are no records that she was listed in commanding officer logs or sick logs.

The Veteran's performance data from August 1969 reflects that she was rated as above average or excellent for all observed categories, with one category, loyalty, evaluated as outstanding.  The handwritten portion of the evaluation notes that the Veteran readily accepted added responsibility and needed little or no supervision.  She was noted to be neat, well-groomed, and always willing to lend a helping hand to those in need of help.  These entries do not substantiate the claim, since the records include no reference to a stressor, and do not disclose changes of any type that might follow such a stressor.

In 1979, the Veteran sought service connection for denervation and radiculopathy of L5-S1 and C-5.  Private medical records reflect only that she was treated for a back disability and a nerve disability affecting one hand.  The Veteran was hospitalized at the New Orleans VA Medical Center in May 1979.  No claim for service connection was granted.  The evidence available related to her 1979 hospitalization and claim is, unfortunately, incomplete; only minimal records of the VA inpatient admission could be obtained.  However, the fact that the Veteran did not seek service connection for an acquired psychiatric disorder, and the lack of notation of any diagnosis or treatment of an acquired psychiatric disorder, is unfavorable to the claim.  The 1979 evidence is especially unfavorable to a finding that the Veteran manifested symptoms of an acquired psychiatric disability chronically following her service separation.

A June 1983 performance report, from her reserve service, noted that the Veteran had initiative and a take-charge attitude.  She consistently displayed altruism.  She had begun to take initiative in her job and in handling other Marines.  She took advantage of every opportunity to better herself as a professional Marine.  The rater stated that the Veteran's untiring efforts and sincere desire to succeed made her a valuable asset as a Marine Non-Commissioned Officer (NCO).

An April 1985 performance evaluation notes that the Veteran was developing into an excellent to outstanding NCO.  She accepted assignments with enthusiasm.  She was noted to be qualified for promotion to the next higher grade.  Another April 1985 performance evaluation report notes that the Veteran was a dedicated, conscientious Marine who was then enrolled in and almost finished with the Staff NCO Academy Career Nonresident program.  She was tactful and worked well with others.  She had the respect of superiors and subordinates.  The remarks suggested that she could be more forceful and that she sometimes lacked self-confidence, but it was felt that as her knowledge grew, so would her confidence.

Reports from December 1985 note that the Veteran was a "squared away woman Marine."  She was willing to take on any assigned task and learn new things.  An August 1986 performance evaluation noted that the Veteran was loyal, dedicated, conscientious, and diligent.  She did not hesitate to work the hours necessary to accomplish her tasks.  She was noted to have worked well with the new personnel and performed her tasks in an efficient manner.  She set up the postal bins between the different units at ADT and saw that they were efficiently run.

An August 1988 performance evaluation report notes that the Veteran recently joined the command.  She was noted to be quiet and reserved; she needed some supervision and needed more than a normal amount of time to complete forms/typing with which she was unfamiliar, but she was cooperative and eager to learn.

A July 1989 performance evaluation notes that the Veteran was hard working, dedicated, and conscientious, accepted responsibility, performed accurately, and required little supervision.  She was noted to be steadily increasing in knowledge.  She was also noted to be eager to learn more.  The performance evaluation specified that she had good rapport with the enlisted servicemembers and officers.  She was described as mature, dependable and reliable.

Reserve service after April 1990 is not shown in the available records, and no record that the Veteran was paid for service after April 1990 was located by DFAS.

The Veteran's performance, as shown by the performance evaluations from 1983 to 1989, establishes that the Veteran did not manifest deterioration in work performance, episodes of depression, panic attacks, or anxiety affecting her work performance, or unexplained economic or social behavior changes.  The reserve service personnel records are persuasive evidence that the Veteran did not manifest impairment due to an acquired psychiatric disability, to include PTSD, during the first 20 years following her 1969 separation from active service.

Little is known about the Veteran's medical care or occupational functioning from 1990 through 2000.  In September 2000, the Veteran sought VA evaluation for complaints of chest pain; she provided a history of treatment for lupus, among other disorders.  She reported having seen a psychiatrist when she was "injured on the job."  The Veteran was seen for psychiatry triage as well as for chest pain.  The corresponding note indicates that the Veteran was a new patient, and was "requesting PTSD."

She complained of not liking closed in places, feelings of being anxious, afraid of heights, difficulty sleeping and flashbacks.  The Veteran reported that she had no combat history but she did see and count bodies.  She indicated that the count was always different from the number reported in the media.  She saw faces of different people she befriended.  She heard voices that said "Help me!" or "Come near!"  She reported that spirits of people, snakes, and mad dogs were after her.  The impression was major depressive episode, recurrent, with psychotic features and PTSD, mild.

She reported that she had worked regularly for the past 24 years as a support person in a plant.  She was no longer able to drive.  She said that she was evaluated by a "whole lot of different doctors" in the 1980s when she injured her back at work.  She thought she saw a psychiatrist who also did some family counseling back then.  She was put on some sort of prescription medication that made her dislike the way she felt and therefore she discontinued it.  The Veteran reported a stressor during her reserve service; to that extent, the September 2000 treatment notes are favorable to the claim.

An October 2000 VA mental health clinic group intake note indicated no improvement in auditory hallucinations after taking medications.  The diagnosis was major depression with psychotic features.  An Addendum to the note reflects that the Veteran reported that, while on active duty, she assisted in picking up body parts of 13 Marines who died in a chopper crash.  The VA provider suggested that this incident may have had some temporal and causative effects on her psychological problems.  To the extent that the provider suggested that a stressor during reserve service might be linked to a current psychiatric disorder, these treatment notes are favorable to the claim.  However, in the absence of objective evidence corroborating this stressor, the medical opinion based on the uncorroborated stressor is of little probative value.

A December 2000 VA mental health clinic note indicates that the Veteran had continued depressive symptoms, with marked isolation and reduced interest in past friends or hobbies.  She related having nightmares with increasing frequency.  The nightmares focus on her being ordered around and victimized.

A March 2001 mental health psychiatry note indicates that the Veteran's mood and affect continue to slowly brighten.  She still had occasional auditory hallucinations and intrusive thoughts of picking up body parts of friends following a helicopter crash in California.

In March 2002, the Veteran was hospitalized for severe depression and psychotic features.  She reported having auditory hallucinations but was unable to figure out what they were saying.  She described having command auditory hallucinations and visual hallucinations regarding people she knew in the Vietnam War.

A March 2002 VA psychiatry note indicates that the Veteran described seeing people from the war, friends she knew, soldiers to whom she delivered mail.  She discussed nightmares of a woman's finger being severed in service.  To the extent that the Veteran reported a stressor during her reserve service, these treatment notes are favorable to the claim.

An April 2002 Social Security Administration (SSA) record indicates that, after an honorable discharge from the military she worked at Lockheed Martin processing tools, parts, and blueprints for 25 years, until August 12, 2001.  The examiner noted the Veteran's account of some problems with nervousness and depression, and her hospitalization in March 2002.  Since this evidence establishes that the Veteran was able to work for the same employer for 25 following her separation from active service, this evidence is unfavorable to a finding that the Veteran manifested behavioral changes following any incident of active or reserve service.

An August 2002 VA PTSD outpatient treatment note indicates that the Veteran reported having ongoing dreams about sexual trauma that occurred in the military.

A September 2002, the Veteran complained of chronic depression and PTSD.  The Veteran reported having had an abusive childhood.  She was physically abused by her father and mother.  Her father fondled her after the death of her mother.  She stated that this was a lone incident and denied any other unwanted childhood sexual experiences.  The Veteran reported experiencing sexual trauma in the military.  Specifically, she reported being raped by three other women.  She reported that she reported this incident to her commanding officer but no action was taken.

She indicated that boot camp was "fine."  She stated that she was named "outstanding recruit of the platoon" and that she received her first rank out of boot camp.  The Veteran reported psychiatric problems since her military discharge.  The examiner opined that the Veteran met the criteria for a diagnosis of PTSD due to sexual assault that she suffered while on active duty.  The Veteran reported audiovisual hallucinations of her rapists and other Marines.  She reacted with intense fear and helplessness.  She had nightmares about the rape, reported dissociative states in which she feels as if she is reliving her rape and defending herself.  This evidence is favorable to, but not dispositive of, the claim.

A September 2002 VA mental health note reflects she had a tenuous living situation.  She was unable to pay her rent, utilities, and food.  She was noted to be in treatment at the Women's Program for PTSD.  The impression was depressive disorder, history of psychosis, stable, inadequate housing and history of PTSD, currently being treated.  An October 2002 outpatient report was consistent with the September 2002 report.

At VA psychiatric examination in November 2002, the Veteran reported that in May 1969 she was on guard duty in the family barracks at Camp Pendleton when three females attacked her and performed sexual acts.  She called for help, but no one came.  She wrote a note in the company logbook indicating that an incident had occurred, but she did not give any details.  She also reported the incident to her commanding officer and provided the names of the individuals involved.  She was not referred to a hospital and did not seek psychiatric help.

She also recounted a helicopter crash at Camp Pendleton, during her reserve service, in which one of her roommates was killed.  She recalled finding a finger lying near the crash site.  Eight Marines were killed.

The examiner assigned a diagnosis of major depressive disorder with psychotic features.  The examiner noted that, despite the history of mixed depressive and psychotic symptoms dating back 10 to 15 years, the Veteran had held a job successfully until approximately two years earlier.  The criteria for diagnosis of schizoaffective disorder was not met, the examiner concluded, because it was not clear that she ever had a distinct period of two weeks when the psychotic symptoms persisted but she was free of mood symptoms.  The examiner opined, in essence, that no current psychiatric disorder was linked to the Veteran's service or any incident thereof.  The opinion is well reasoned and provides an accurate summary of the record.  The opinion is persuasive evidence against the claim.

A January 2003 VA PTSD outpatient report noted that the Veteran discussed several motor vehicle accidents in which she was involved.  She reported an incident in the military in which she fell from a vehicle and slid 50 feet into an intersection.  She stated that anxiety attacks were a barrier to driving.  This treatment note provides a description of a stressor not previously reported.

However, the Veteran has not provided additional information as to the possible date or location of a motor vehicle accident referenced in the January 2003 treatment notes.  She has not indicated when or where she was treated for injuries sustained in such a motor vehicle accident in the 10 years since she mentioned such a stressor.  The Veteran has not provided any additional details which could be used to verify the motor vehicle accident.  Thus, the treatment note is unfavorable to the claim, since it is not consistent with any prior information and is not clarified or further described in any later stressor account.

SSA awarded the Veteran disability benefits in a favorable 2003 decision.  The award letter provides no discussion of a specific stressor or a link between the Veteran's service and an acquired psychiatric disability.  This award, and the underlying medical evidence, provides no additional information that is favorable or unfavorable to the claim.

An April 2003 VA outpatient note indicates that the award of SSA disability benefits reminded the Veteran of past hardships including being raped, homeless, unemployed, and depressed.  This event led to a resurgence of memories associated with the rape, including the name of one of her attackers, T., as well as a woman who later helped protect her from the rapists, E.  The social worker who authored the note indicated that memories of her rape appeared to have been the core of the Veteran's current dysphoria.

This treatment note raises additional inconsistencies in the information provided by the Veteran.  Although the Veteran told the provider she remembered names of two servicemembers involved in the incident, the Veteran has never provided any name of a fellow former servicemember for purposes of development of her claim for compensation.  Her statements at the April 2003 VA treatment visit are inconsistent with her actions since that time.  That inconsistency undermines her credibility.

The Board has considered all the evidence of record regarding an alleged sexual assault that the Veteran reports occurred during her active service.  The fact that no service department records of the incident have been located does not weigh against the possible occurrence or the Veteran's credibility, since VA regulations recognize that such incidents, if reported, were not uniformly documented.  However, in the October 2003 stressor statement, the Veteran stated that she could not remember the names of any individuals involved.  That report is in conflict with the April 2003 treatment report.

The Veteran contends that she had symptoms of a psychiatric disability soon after her discharge from active duty and soon after reserve service was completed.  The Veteran is competent to report events during active service.  However, once evidence is determined to be competent, the Board must determine whether such evidence is also credible.  See Layno v. Brown, 6 Vet. App. 465 (1994) (distinguishing between competency ("a legal concept determining whether testimony may be heard and considered") and credibility ("a factual determination going to the probative value of the evidence to be made after the evidence has been admitted").  The evidence of record contradicts the Veteran's assertion of chronic psychiatric symptoms or disability or symptoms or disability due to psychosis during a presumptive period.

In weighing credibility, VA may consider interest, bias, inconsistent statements, bad character, internal inconsistency, facial plausibility, self-interest, consistency with other evidence of record, malingering, desire for monetary gain, and demeanor of the witness.  Caluza v. Brown, 7 Vet. App. 498 (1995).  The Board may weigh the absence of contemporaneous medical evidence against the lay evidence in determining credibility, but the Board cannot determine that lay evidence lacks credibility merely because it is unaccompanied by contemporaneous medical evidence.  Buchanan v. Nicholson, 451 F.3d 1331 (Fed. Cir. 2006).

The Board may not ignore a veteran's testimony simply because he or she is an interested party and stands to gain monetary benefits; personal interest may, however, affect the credibility of the evidence.  Cartright v. Derwinski, 2 Vet. App. 24, 25 (1991).  The Veteran provided varying accounts of stressor events to VA adjudicators and treatment providers during the lengthy pendency of the appeal.   Given the inconsistencies between the Veteran's reports and the objective evidence of record, the Veteran's credibility is diminished.

The Veteran's service personnel records are associated with the claims file.  Review of the service personnel records shows no indication of disciplinary actions, adverse personnel actions, drop in performance, or requests for reassignment.  During active service she states that she was awarded the outstanding recruit award, her August 1969 performance evaluation was excellent.

The Veteran reported, at the November 2002 VA examination, that she enjoyed both active service and reserve service.  The Veteran reported that she chose to be discharged from active service in August 1969 due in part to the sexual abuse, but her performance obviously did not deteriorate in any way due to the alleged assault.  Importantly, in August 1969, just three months after the alleged sexual assault occurred in May 1969, the Veteran received an excellent performance review.

The Veteran enlisted in 1983 for six additional years of reserve service and was promoted.  Her reserve component service performance record was also excellent and unblemished.  It reflects only high achievement and excellent work ethic.  Significantly, VA outpatient treatment records from 2000 and 2001 do not contain any allegation of any kind of military sexual trauma or abuse.  The first evidence of a report of military sexual trauma is from August 2002, after the Veteran filed her claim for entitlement to service connection for PTSD.  Notably, prior to August 2002, the Veteran specifically alleged other stressors, to include the helicopter crash, seeing dead bodies, and generalized nightmares about people she knew who may have died serving in Vietnam.  This is not necessarily significant in and of itself, yet, combined with the other credibility evidence of record; the Board finds that it diminishes her credibility somewhat in that her descriptions regarding her stressors have changed at various examinations.

The Veteran was referred to the VA Mental Health Clinic in September 2002 following a positive military sexual trauma and PTSD screening.  It was at that time she was diagnosed with PTSD due to the military sexual trauma.  In contrast, the VA psychiatrist who conducted November 2002 VA examination, two months later, concluded that the Veteran did not meet the criteria for a diagnosis of PTSD.  The Board also points out that the examiner had access to and reviewed the Veteran's claims file, to include her prior psychiatric diagnoses, hallucinations, and alleged stressors.  As noted above, the November 2012 VA examination report is lengthy, accurate, and provides the reasoning for the examiner's conclusions.  In contrast, the VA psychologist who provided the September 2002 diagnosis did not reference review of any records, but, rather, assigned a diagnosis based upon the Veteran's account of her own history.

Also probative regarding the Veteran's credibility is the fact that she has told different examiners different facts regarding her history.  At the November 2002 VA exam, she stated that in 1987 approximately she started feeling depressed.  At the September 2002 PTSD examination, she stated that she has been having mental health issues ever since service.

The various psychiatrists and psychologists who have noted PTSD as due to military sexual trauma appear to have done so based only on the Veteran's self-reported history, rather than review of the complete record.  A medical professional's opinion based on a post-service examination of a veteran is not competent evidence that an in-service stressor occurred.  Cohen v. Brown, 10 Vet. App. 128, 145 (1997); Moreau, 9 Vet. App. 389, 395-96.

To the degree that the medical providers have based their opinions on the Veteran's self-reported accounts of military sexual trauma, the Board has found such reports to be not credible, and it follows that medical opinions based on such reports are not probative.  Further, because such medical opinions are not based on review of the evidence they do not constitute verification of military sexual trauma under 38 C.F.R. § 3.304(f)(4).

As a layperson, the Veteran can certainly provide an account of her symptoms and feelings at any given time.  However, service personnel records, and later reserve service records in particular, weigh heavily against the Veteran's September 2002 account that she has had mental health problems ever since her active service.  As mentioned previously, the stellar performance evaluation reports during her reserve service generally negate the contention that mental health problems, such as psychosis, were present at that time.

In addition, the Veteran has claimed that her PTSD is a result of a stressor involving her witnessing and picking up human remains of Marines who had been killed in a helicopter crash in Camp Pendleton.  This stressor is a major event, yet remains unverified after all attempts.

While the case was on remand status following the 2009 Remand from the Board, the RO was instructed to accomplish all development action in order to corroborate the stressor.  The RO acquired a Command Chronology from the Commanding General, Marine Corps Base, Camp Pendleton, California from July 1968 through December 1968; no helicopter crash was reported.

The Veteran then provided statements indicating that, during her reserve service, in 1990, she performed post-crash duties at the site of a helicopter crash in which two female Marines were "torn to pieces."  No objective confirmation of this stressor has been located.  It is not credible that a helicopter crash in 1990 which resulted in fatalities would not have been documented by the service department or the base at which it is alleged to have occurred, or that no other information, such as a newspaper article, reports of aviation accidents, or the like, would be located.

The Board finds it very probative that the Veteran has described vividly remembering witnessing a crash involving either 2 (October 2004 VA outpatient records), 8 (November 2002 VA examination), or 13 (October 2000 VA Mental Health Clinic outpatient records, Addendum) dead Marines, to include her roommates, yet there is no objective confirmation of the event.  In particular, the Board notes the Veteran's statements that "the media" reported on this crash, but their reports were inaccurate.

If the alleged incident had been reported in "the media," as the Veteran has described, it would be expected that objective information about the incident could be located on the Internet, if not from the service department.  See, e.g., Bureau of Aircraft Accident Archives, http://www.baaa-acro.com/ (archive of information about aviation accidents, listing more than 23,300 events); Los Angeles Times, Collections, "Helicopter Accidents Marine Corps, US," http://articles.latimes.com/keyword/helicopter-accidents-marine-corps-u-s.  The absence of any objective corroboration of the alleged helicopter crash with fatalities is highly unfavorable to the Veteran's contention that she picked up human remains following such an accident.

The Veteran is a sympathetic claimant.  The record establishes that the Veteran performed her active service honorably and well, and was highly regarded during her reserve component service.  The pursuit of this claim for the 15 years of the pendency of this appeal establishes that the Veteran sincerely believes that a current psychiatric disorder is linked to her service.

Nevertheless, the preponderance of the evidence is unfavorable to the claim.  The available service personnel records, although incomplete, show no indictors of a stressor, such as disciplinary problems or behavioral changes.  The lay and medical records are inconsistent with the Veteran's assertion that she had chronic mental health disability symptoms following her active or reserve service.

The AMC issued a March 2011 memorandum summary of actions taken in attempt to corroborate the Veteran's alleged PTSD stressors.  It was concluded that exhaustive attempts failed to corroborate a stressor and no further development should be conducted.  Although the Veteran suggests that it is possible that this crash may have occurred shortly after the Veteran was called up on reserve duty after Desert Storm began in 1991, there simply is no record of 2, 8, or 13 Marines perishing in a helicopter accident at Camp Pendleton at that time either.  See http://www.tecom.usmc.mil/HD/Chronologies/Yearly/1991.htm and http://www.tecom.usmc.mil/HD/Chronologies/Yearly/1992.htm.

With regard to psychiatric disorders other than PTSD, the Veteran is diagnosed with depressive disorder with psychotic features and has been receiving SSA disability benefits for severe major depression since August 12, 2001.  However, there is no indication in the record whatsoever that depressive disorder with psychotic features is related to her service.

In sum, the Board is not authorized to grant service connection for PTSD, because the Veteran has not presented verified or verifiable stressors.  38 C.F.R. § 3.304.  The criteria for service connection for an acquired psychiatric disorder other than PTSD are not met because there is no medical evidence or opinion that such disorder began during service, is etiologically related to service or any incident thereof, or that the Veteran manifested a psychosis within one year after her discharge from service.

Because the evidence preponderates against the claim the benefit-of-the-doubt rule does not apply.  Gilbert, 1 Vet. App. 49, 54.  The claim for service connection for an acquired psychiatric disorder, to include PTSD, must be denied.

Duties to Notify and Assist

VA must inform the claimant of any information and evidence not of record (1) that is necessary to substantiate the claim; (2) that VA will seek to provide; and (3) that the claimant is expected to provide.  38 U.S.C.A. § 5103(a); C.F.R. § 3.159(b)(1); Veterans Claims Assistance Act of 2000 (VCAA), 38 C.F.R §§ 3.102, 3.156(a), 3.159, 3.326(a).  Pelegrini v. Principi, 18 Vet. App. 112 (2004).

In this case, an initial letter advising the Veteran of the requirements for establishing service connection for PTSD was issued in February 2001.  That letter included a PTSD questionnaire, in compliance with special development requirements when a PTSD claim is based on a stressor of an alleged physical or sexual assault.  See YR v. West, 11 Vet. App. 393, 399 (1998); Patton v. West, 12 Vet. App. 272 (1999); M21-1, Part III, para.5.14d; 38 C.F.R. § 3.304(f)(3).

The Board notes that letters dated in February 2001, October 2003, December 2003, March 2004, May 2004, September 2004, October 2004, November 2004, August 2006, March 2009, February 2011, and December 2013 provided additional and updated information to the Veteran.  The March 2009 letter from the AOJ, for example, followed the February 2009 Remand in which the Board advised the Veteran of the elements required to establish service connection for PTSD and the types of evidence that tend to substantiate claims of physical or sexual assault in service.

The Veteran initially submitted this claim for service connection in 2001, nearly 15 years ago.  Numerous communications have been provided to the Veteran during the pendency of the claim.  Neither the Veteran nor her representative has alleged prejudice with respect to either content or timing of notice.  See Shinseki v. Sanders, 129 S. Ct. 1696 (2009).  If there was any deficiency in the timing of complete initial notice, such deficiency has been remedied by the fact that the Veteran's claim was readjudicated in 2011 and in 2013, after proper VCAA notice was provided and after the Veteran had an opportunity to respond.  Mayfield v. Nicholson, 444 F.3d 1328 (2006).  The Board finds that the duty to notify the Veteran has been met.

The record also reflects that VA has made reasonable efforts to obtain relevant records adequately identified by the Veteran.  Specifically, the information and evidence that have been associated with the claims file include some of the Veteran's service personnel records, VA treatment records, VA examination reports, and records associated with an SSA disability determination.  Also of record and considered in connection with the appeal are various written statements submitted by the Veteran and her representative.

In cases such as this, where a veteran's service records are unavailable through no fault of the claimant, or as here, where records available are rendered partially illegible in the electronic format, there is a heightened obligation to assist the claimant in the development of the case and a heightened obligation to carefully consider the benefit-of-the-doubt rule.  See O'Hare v. Derwinski, 1 Vet. App. 365 (1991).  The Board finds that the substantial stressor development action taken by the AMC outlined in the March 2011 and August 2014 memoranda reflect that VA has met the heightened obligation to assist.

The Veteran vaguely but repeatedly has indicated that she sought some sort of counseling or mental health treatment in the 1980s but she is unsure why.  She indicated that she was treated at a facility identified as Touro; however, attempts to retrieve those records resulted in a negative reply, as the facility did not retain records for more than 10 years.

The service department was queried to determine whether records which might be relevant to a sexual assault at a barracks might be available.  In March 2011, a memorandum from the Naval Criminal Investigative Service (NCIS) was sent to VA indicating that there was no record of any investigation involving a sexual assault in which the Veteran was a victim.

Additionally, a February 1969 Command Chronology from Camp Pendleton for July through December 1968 was received and it showed no helicopter crash during that time period.  In March 2011, the Appeals Management Center (AMC) issued a memorandum formally finding the Veteran had not presented verifiable in-service stressor information that could be submitted to the U.S. Army Joint Services Records Research Center (JSRRC) for corroboration.  It was found that no further action should take place with regard to stressor verification.

The Board, in an August 2013 Remand, again directed the AOJ to seek to verify the Veteran's alleged stressor, with the updated information provided by the Veteran and the DFAS pay status information.  A very specific request to the Naval Safety Center requested a search for records of a helicopter crash at Fort Pendleton on the dates when the Veteran had paid service (January 6, 7, 15, 1990; February 10, 11, 12 - 25,-1990; and March 6, 21, 1990).  The Naval Safety Center found no records of a helicopter crash at Fort Pendleton on those dates.

In August 2014, the AOJ's JSSRC coordinator summarized the attempts to locate records to assist the Veteran.  Without additional information from the Veteran, any further attempts to locate information to corroborate the two described stressors would be fruitless.  There is no indication that the Veteran would be able to provide additional information on Remand that has not been provided during the 15 years of the pendency of this appeal.  A further Remand or further attempt to develop the claim would be fruitless, and is not required.

As discussed above, the Veteran was notified and aware of the evidence needed to substantiate her claim, the avenues through which she might obtain such evidence and the allocation of responsibilities between herself and VA in obtaining such evidence.  The Veteran was an active participant in the claims process, identifying pertinet medical evidence and submitting evidence.  Thus she has been provided with a meaningful opportunity to participate in the claims process and has done so.  Any error in the sequence of events or content of the notice is not shown to have any effect on the case or to cause injury to the Veteran.  Therefore, any such error is harmless and does not prohibit consideration of this matter on the merits.  Dingess/Hartman v. Nicholson, 19 Vet. App. 473 (2006); See also ATD Corp. V. Lydall, Inc., 159 F. 3d 534, 549 (Fed. Cir. 1998).

A remand by the Board confers on the claimant, as a matter of law, the right to compliance with remand orders.  Stegall v. West, 11 Vet. App. 268, 271 (1998).  In this regard, the Board is satisfied as to the compliance with the instruction for its February 2009, August 2011, and August 2013 remands.

Specifically, the February 2009 Board remand instructed the RO to obtain any SSA decision and any medical treatment records associated with such a decision.  That information is associated with the file.  The RO was also requested to send the Veteran a letter informing her of the information and evidence required to substantiate her claim for service connection for PTSD in cases alleging PTSD due to personal assault.  That letter was send.

In addition, the RO was instructed to afford the Veteran an opportunity to provide more information regarding her stressor, to include names of the alleged assailants, the commanding officer to whom she reported the claimed stressor, and the date, within two months, during which the alleged sexual assault incident occurred.  She was also to be afforded the opportunity to identify each facility at which she received psychiatric care post-service, and another search for her service treatment records was to be conducted.

The RO was instructed to request any outstanding information or records.  The RO requested copies of the Veteran's service treatment records through the VA Records Management Center, the Marine Corps Reserve Support Command, and the National Personnel Records Management Center.  The records were determined to be unavailable through any and all sources.

The Veteran authorized release of private medical information.  Those records were sought but a negative response was received, indicating that such records were destroyed after 10 years.

The RO was directed to request records from the Defense Finance and Accounting Service (DFAS) for evidence of the Veteran's earned pay or leave from January 1, 1990 to December 31, 1992.  The RO was further instructed to request Camp Pendleton to search pertinent records for a helicopter crash which corresponded to the Veteran's reserve service dates as verified by DFAS.

In August 2013, DFAS provided the exact dates that the Veteran was in pay status from January 1, 1990 to December 21, 1992.  This information was then shared with the Military Police Office at Camp Pendleton.  The Military Police Office requested names and social security numbers of the casualties with an exact date.  The appellant responded that she was unable to provide names of the victims of the alleged helicopter crash.  The Board found that a search should be conducted to find any relevant records from the alleged time period which might corroborate the Appellant's statement.  That additional search was conducted following the 2013 Remand, but no objective corroboration of any alleged stressor has been located.

The AOJ has complied with the Board's instructions and that the above described actions taken by the RO substantially comply with the Board's remand directives over the course of the three Remands.  Stegall v. West, Vet App. 268 (1998).

The Veteran's discussion of the evidence at the 2008 hearing before the Board, and the focus on the evidence necessary to substantiate the claims, demonstrates that the Veteran understood what evidence was still needed.  38 C.F.R. § 3.103 (2015); Bryant v. Shinseki, 23 Vet. App. 488, 492, 496 (2010).  In any event, as noted above, additional notice was issued following the Board's 2009, 2011, and 2013 Remands.  If any notice deficiency remained following the Veteran's hearing, that deficiency was addressed in the post-hearing communications to the Veteran.

VA's duties to notify and assist the Veteran have been met.

ORDER

Entitlement to service connection for an acquired psychiatric disorder, to include PTSD, is denied.

____________________________________________
Tresa M. Schlecht
Acting Veterans Law Judge, Board of Veterans' Appeals

Department of Veterans Affairs

text: Citation

text: Nr

text: Decision

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text: DOCKET

text: NO

text: DATE

text: On

text: appeal

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text: Department

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text: Veterans

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text: Office

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text: THE

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text: Entitlement

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text: an

text: acquired

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text: include

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text: PTSD

text: REPRESENTATION

text: Appellant

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text: law

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text: rape

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text: physicians

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text: tests

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text: sexually

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text: depression

text: panic

text: attacks

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text: without

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text: cause

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text: unexplained

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text: the

text: sole

text: evidence

text: of

text: the

text: occurrence

text: of

text: the

text: claimed

text: stressor

text: Moreau

text: Vet

text: App

text: at

text: That

text: is

text: the

text: fact

text: that

text: a

text: physician

text: or

text: other

text: health

text: professional

text: accepted

text: a

text: Veteran

text: s

text: description

text: of

text: military

text: experiences

text: as

text: credible

text: and

text: diagnosed

text: him

text: her

text: as

text: suffering

text: from

text: PTSD

text: does

text: not

text: mean

text: the

text: Board

text: is

text: required

text: to

text: grant

text: service

text: connection

text: for

text: PTSD

text: Wilson

text: v

text: Derwinski

text: Vet

text: App

text: When

text: there

text: is

text: an

text: approximate

text: balance

text: of

text: positive

text: and

text: negative

text: evidence

text: regarding

text: any

text: issue

text: material

text: to

text: the

text: determination

text: of

text: a

text: matter

text: the

text: Secretary

text: shall

text: give

text: the

text: benefit

text: of

text: the

text: doubt

text: to

text: the

text: claimant

text: U

text: S

text: C

text: A

text: b

text: see

text: also

text: Gilbert

text: v

text: Derwinski

text: Vet

text: App

text: The

text: Board

text: has

text: reviewed

text: all

text: the

text: evidence

text: in

text: the

text: claims

text: file

text: There

text: is

text: no

text: requirement

text: that

text: each

text: item

text: of

text: evidence

text: submitted

text: by

text: the

text: appellant

text: be

text: discussed

text: Rather

text: the

text: Board

text: s

text: analysis

text: below

text: will

text: focus

text: specifically

text: on

text: what

text: evidence

text: is

text: needed

text: to

text: substantiate

text: the

text: claim

text: and

text: what

text: the

text: evidence

text: in

text: the

text: claims

text: file

text: shows

text: or

text: fails

text: to

text: show

text: with

text: respect

text: to

text: the

text: claim

text: See

text: Gonzales

text: v

text: West

text: F

text: d

text: Fed

text: Cir

text: Timberlake

text: v

text: Gober

text: Vet

text: App

text: Facts

text: and

text: analysis

text: More

text: than

text: pages

text: of

text: Service

text: Personnel

text: Records

text: and

text: Service

text: Dental

text: Records

text: have

text: been

text: associated

text: with

text: the

text: electronic

text: claims

text: files

text: Unfortunately

text: many

text: pages

text: of

text: the

text: records

text: obtained

text: are

text: illegible

text: through

text: no

text: fault

text: of

text: the

text: Veteran

text: Many

text: of

text: the

text: records

text: show

text: that

text: the

text: image

text: obtained

text: was

text: the

text: best

text: image

text: available

text: even

text: where

text: the

text: image

text: remains

text: illegible

text: The

text: Veteran

text: s

text: service

text: treatment

text: records

text: have

text: been

text: determined

text: to

text: be

text: unavailable

text: through

text: no

text: fault

text: of

text: the

text: Veteran

text: s

text: despite

text: numerous

text: attempts

text: to

text: obtain

text: such

text: records

text: over

text: a

text: period

text: of

text: more

text: than

text: years

text: Some

text: service

text: personnel

text: records

text: from

text: her

text: tour

text: of

text: active

text: duty

text: and

text: from

text: her

text: reserve

text: service

text: are

text: of

text: record

text: and

text: are

text: legible

text: The

text: personnel

text: records

text: available

text: from

text: the

text: Veteran

text: s

text: period

text: of

text: active

text: service

text: reflect

text: that

text: she

text: was

text: not

text: charged

text: with

text: any

text: offense

text: received

text: no

text: judicial

text: punishments

text: and

text: there

text: is

text: no

text: record

text: of

text: any

text: adverse

text: report

text: There

text: is

text: also

text: no

text: evidence

text: of

text: psychiatric

text: mental

text: health

text: or

text: family

text: counseling

text: Further

text: there

text: are

text: no

text: records

text: that

text: she

text: was

text: listed

text: in

text: commanding

text: officer

text: logs

text: or

text: sick

text: logs

text: The

text: Veteran

text: s

text: performance

text: data

text: from

text: August

text: reflects

text: that

text: she

text: was

text: rated

text: as

text: above

text: average

text: or

text: excellent

text: for

text: all

text: observed

text: categories

text: with

text: one

text: category

text: loyalty

text: evaluated

text: as

text: outstanding

text: The

text: handwritten

text: portion

text: of

text: the

text: evaluation

text: notes

text: that

text: the

text: Veteran

text: readily

text: accepted

text: added

text: responsibility

text: and

text: needed

text: little

text: or

text: no

text: supervision

text: She

text: was

text: noted

text: to

text: be

text: neat

text: well

text: groomed

text: and

text: always

text: willing

text: to

text: lend

text: a

text: helping

text: hand

text: to

text: those

text: in

text: need

text: of

text: help

text: These

text: entries

text: do

text: not

text: substantiate

text: the

text: claim

text: since

text: the

text: records

text: include

text: no

text: reference

text: to

text: a

text: stressor

text: and

text: do

text: not

text: disclose

text: changes

text: of

text: any

text: type

text: that

text: might

text: follow

text: such

text: a

text: stressor

text: In

text: the

text: Veteran

text: sought

text: service

text: connection

text: for

text: denervation

text: and

text: radiculopathy

text: of

text: L

text: S

text: and

text: C

text: Private

text: medical

text: records

text: reflect

text: only

text: that

text: she

text: was

text: treated

text: for

text: a

text: back

text: disability

text: and

text: a

text: nerve

text: disability

text: affecting

text: one

text: hand

text: The

text: Veteran

text: was

text: hospitalized

text: at

text: the

text: New

text: Orleans

text: VA

text: Medical

text: Center

text: in

text: May

text: No

text: claim

text: for

text: service

text: connection

text: was

text: granted

text: The

text: evidence

text: available

text: related

text: to

text: her

text: hospitalization

text: and

text: claim

text: is

text: unfortunately

text: incomplete

text: only

text: minimal

text: records

text: of

text: the

text: VA

text: inpatient

text: admission

text: could

text: be

text: obtained

text: However

text: the

text: fact

text: that

text: the

text: Veteran

text: did

text: not

text: seek

text: service

text: connection

text: for

text: an

text: acquired

text: psychiatric

text: disorder

text: and

text: the

text: lack

text: of

text: notation

text: of

text: any

text: diagnosis

text: or

text: treatment

text: of

text: an

text: acquired

text: psychiatric

text: disorder

text: is

text: unfavorable

text: to

text: the

text: claim

text: The

text: evidence

text: is

text: especially

text: unfavorable

text: to

text: a

text: finding

text: that

text: the

text: Veteran

text: manifested

text: symptoms

text: of

text: an

text: acquired

text: psychiatric

text: disability

text: chronically

text: following

text: her

text: service

text: separation

text: A

text: June

text: performance

text: report

text: from

text: her

text: reserve

text: service

text: noted

text: that

text: the

text: Veteran

text: had

text: initiative

text: and

text: a

text: take

text: charge

text: attitude

text: She

text: consistently

text: displayed

text: altruism

text: She

text: had

text: begun

text: to

text: take

text: initiative

text: in

text: her

text: job

text: and

text: in

text: handling

text: other

text: Marines

text: She

text: took

text: advantage

text: of

text: every

text: opportunity

text: to

text: better

text: herself

text: as

text: a

text: professional

text: Marine

text: The

text: rater

text: stated

text: that

text: the

text: Veteran

text: s

text: untiring

text: efforts

text: and

text: sincere

text: desire

text: to

text: succeed

text: made

text: her

text: a

text: valuable

text: asset

text: as

text: a

text: Marine

text: Non

text: Commissioned

text: Officer

text: NCO

text: An

text: April

text: performance

text: evaluation

text: notes

text: that

text: the

text: Veteran

text: was

text: developing

text: into

text: an

text: excellent

text: to

text: outstanding

text: NCO

text: She

text: accepted

text: assignments

text: with

text: enthusiasm

text: She

text: was

text: noted

text: to

text: be

text: qualified

text: for

text: promotion

text: to

text: the

text: next

text: higher

text: grade

text: Another

text: April

text: performance

text: evaluation

text: report

text: notes

text: that

text: the

text: Veteran

text: was

text: a

text: dedicated

text: conscientious

text: Marine

text: who

text: was

text: then

text: enrolled

text: in

text: and

text: almost

text: finished

text: with

text: the

text: Staff

text: NCO

text: Academy

text: Career

text: Nonresident

text: program

text: She

text: was

text: tactful

text: and

text: worked

text: well

text: with

text: others

text: She

text: had

text: the

text: respect

text: of

text: superiors

text: and

text: subordinates

text: The

text: remarks

text: suggested

text: that

text: she

text: could

text: be

text: more

text: forceful

text: and

text: that

text: she

text: sometimes

text: lacked

text: self

text: confidence

text: but

text: it

text: was

text: felt

text: that

text: as

text: her

text: knowledge

text: grew

text: so

text: would

text: her

text: confidence

text: Reports

text: from

text: December

text: note

text: that

text: the

text: Veteran

text: was

text: a

text: squared

text: away

text: woman

text: Marine

text: She

text: was

text: willing

text: to

text: take

text: on

text: any

text: assigned

text: task

text: and

text: learn

text: new

text: things

text: An

text: August

text: performance

text: evaluation

text: noted

text: that

text: the

text: Veteran

text: was

text: loyal

text: dedicated

text: conscientious

text: and

text: diligent

text: She

text: did

text: not

text: hesitate

text: to

text: work

text: the

text: hours

text: necessary

text: to

text: accomplish

text: her

text: tasks

text: She

text: was

text: noted

text: to

text: have

text: worked

text: well

text: with

text: the

text: new

text: personnel

text: and

text: performed

text: her

text: tasks

text: in

text: an

text: efficient

text: manner

text: She

text: set

text: up

text: the

text: postal

text: bins

text: between

text: the

text: different

text: units

text: at

text: ADT

text: and

text: saw

text: that

text: they

text: were

text: efficiently

text: run

text: An

text: August

text: performance

text: evaluation

text: report

text: notes

text: that

text: the

text: Veteran

text: recently

text: joined

text: the

text: command

text: She

text: was

text: noted

text: to

text: be

text: quiet

text: and

text: reserved

text: she

text: needed

text: some

text: supervision

text: and

text: needed

text: more

text: than

text: a

text: normal

text: amount

text: of

text: time

text: to

text: complete

text: forms

text: typing

text: with

text: which

text: she

text: was

text: unfamiliar

text: but

text: she

text: was

text: cooperative

text: and

text: eager

text: to

text: learn

text: A

text: July

text: performance

text: evaluation

text: notes

text: that

text: the

text: Veteran

text: was

text: hard

text: working

text: dedicated

text: and

text: conscientious

text: accepted

text: responsibility

text: performed

text: accurately

text: and

text: required

text: little

text: supervision

text: She

text: was

text: noted

text: to

text: be

text: steadily

text: increasing

text: in

text: knowledge

text: She

text: was

text: also

text: noted

text: to

text: be

text: eager

text: to

text: learn

text: more

text: The

text: performance

text: evaluation

text: specified

text: that

text: she

text: had

text: good

text: rapport

text: with

text: the

text: enlisted

text: servicemembers

text: and

text: officers

text: She

text: was

text: described

text: as

text: mature

text: dependable

text: and

text: reliable

text: Reserve

text: service

text: after

text: April

text: is

text: not

text: shown

text: in

text: the

text: available

text: records

text: and

text: no

text: record

text: that

text: the

text: Veteran

text: was

text: paid

text: for

text: service

text: after

text: April

text: was

text: located

text: by

text: DFAS

text: The

text: Veteran

text: s

text: performance

text: as

text: shown

text: by

text: the

text: performance

text: evaluations

text: from

text: to

text: establishes

text: that

text: the

text: Veteran

text: did

text: not

text: manifest

text: deterioration

text: in

text: work

text: performance

text: episodes

text: of

text: depression

text: panic

text: attacks

text: or

text: anxiety

text: affecting

text: her

text: work

text: performance

text: or

text: unexplained

text: economic

text: or

text: social

text: behavior

text: changes

text: The

text: reserve

text: service

text: personnel

text: records

text: are

text: persuasive

text: evidence

text: that

text: the

text: Veteran

text: did

text: not

text: manifest

text: impairment

text: due

text: to

text: an

text: acquired

text: psychiatric

text: disability

text: to

text: include

text: PTSD

text: during

text: the

text: first

text: years

text: following

text: her

text: separation

text: from

text: active

text: service

text: Little

text: is

text: known

text: about

text: the

text: Veteran

text: s

text: medical

text: care

text: or

text: occupational

text: functioning

text: from

text: through

text: In

text: September

text: the

text: Veteran

text: sought

text: VA

text: evaluation

text: for

text: complaints

text: of

text: chest

text: pain

text: she

text: provided

text: a

text: history

text: of

text: treatment

text: for

text: lupus

text: among

text: other

text: disorders

text: She

text: reported

text: having

text: seen

text: a

text: psychiatrist

text: when

text: she

text: was

text: injured

text: on

text: the

text: job

text: The

text: Veteran

text: was

text: seen

text: for

text: psychiatry

text: triage

text: as

text: well

text: as

text: for

text: chest

text: pain

text: The

text: corresponding

text: note

text: indicates

text: that

text: the

text: Veteran

text: was

text: a

text: new

text: patient

text: and

text: was

text: requesting

text: PTSD

text: She

text: complained

text: of

text: not

text: liking

text: closed

text: in

text: places

text: feelings

text: of

text: being

text: anxious

text: afraid

text: of

text: heights

text: difficulty

text: sleeping

text: and

text: flashbacks

text: The

text: Veteran

text: reported

text: that

text: she

text: had

text: no

text: combat

text: history

text: but

text: she

text: did

text: see

text: and

text: count

text: bodies

text: She

text: indicated

text: that

text: the

text: count

text: was

text: always

text: different

text: from

text: the

text: number

text: reported

text: in

text: the

text: media

text: She

text: saw

text: faces

text: of

text: different

text: people

text: she

text: befriended

text: She

text: heard

text: voices

text: that

text: said

text: Help

text: me

text: or

text: Come

text: near

text: She

text: reported

text: that

text: spirits

text: of

text: people

text: snakes

text: and

text: mad

text: dogs

text: were

text: after

text: her

text: The

text: impression

text: was

text: major

text: depressive

text: episode

text: recurrent

text: with

text: psychotic

text: features

text: and

text: PTSD

text: mild

text: She

text: reported

text: that

text: she

text: had

text: worked

text: regularly

text: for

text: the

text: past

text: years

text: as

text: a

text: support

text: person

text: in

text: a

text: plant

text: She

text: was

text: no

text: longer

text: able

text: to

text: drive

text: She

text: said

text: that

text: she

text: was

text: evaluated

text: by

text: a

text: whole

text: lot

text: of

text: different

text: doctors

text: in

text: the

text: s

text: when

text: she

text: injured

text: her

text: back

text: at

text: work

text: She

text: thought

text: she

text: saw

text: a

text: psychiatrist

text: who

text: also

text: did

text: some

text: family

text: counseling

text: back

text: then

text: She

text: was

text: put

text: on

text: some

text: sort

text: of

text: prescription

text: medication

text: that

text: made

text: her

text: dislike

text: the

text: way

text: she

text: felt

text: and

text: therefore

text: she

text: discontinued

text: it

text: The

text: Veteran

text: reported

text: a

text: stressor

text: during

text: her

text: reserve

text: service

text: to

text: that

text: extent

text: the

text: September

text: treatment

text: notes

text: are

text: favorable

text: to

text: the

text: claim

text: An

text: October

text: VA

text: mental

text: health

text: clinic

text: group

text: intake

text: note

text: indicated

text: no

text: improvement

text: in

text: auditory

text: hallucinations

text: after

text: taking

text: medications

text: The

text: diagnosis

text: was

text: major

text: depression

text: with

text: psychotic

text: features

text: An

text: Addendum

text: to

text: the

text: note

text: reflects

text: that

text: the

text: Veteran

text: reported

text: that

text: while

text: on

text: active

text: duty

text: she

text: assisted

text: in

text: picking

text: up

text: body

text: parts

text: of

text: Marines

text: who

text: died

text: in

text: a

text: chopper

text: crash

text: The

text: VA

text: provider

text: suggested

text: that

text: this

text: incident

text: may

text: have

text: had

text: some

text: temporal

text: and

text: causative

text: effects

text: on

text: her

text: psychological

text: problems

text: To

text: the

text: extent

text: that

text: the

text: provider

text: suggested

text: that

text: a

text: stressor

text: during

text: reserve

text: service

text: might

text: be

text: linked

text: to

text: a

text: current

text: psychiatric

text: disorder

text: these

text: treatment

text: notes

text: are

text: favorable

text: to

text: the

text: claim

text: However

text: in

text: the

text: absence

text: of

text: objective

text: evidence

text: corroborating

text: this

text: stressor

text: the

text: medical

text: opinion

text: based

text: on

text: the

text: uncorroborated

text: stressor

text: is

text: of

text: little

text: probative

text: value

text: A

text: December

text: VA

text: mental

text: health

text: clinic

text: note

text: indicates

text: that

text: the

text: Veteran

text: had

text: continued

text: depressive

text: symptoms

text: with

text: marked

text: isolation

text: and

text: reduced

text: interest

text: in

text: past

text: friends

text: or

text: hobbies

text: She

text: related

text: having

text: nightmares

text: with

text: increasing

text: frequency

text: The

text: nightmares

text: focus

text: on

text: her

text: being

text: ordered

text: around

text: and

text: victimized

text: A

text: March

text: mental

text: health

text: psychiatry

text: note

text: indicates

text: that

text: the

text: Veteran

text: s

text: mood

text: and

text: affect

text: continue

text: to

text: slowly

text: brighten

text: She

text: still

text: had

text: occasional

text: auditory

text: hallucinations

text: and

text: intrusive

text: thoughts

text: of

text: picking

text: up

text: body

text: parts

text: of

text: friends

text: following

text: a

text: helicopter

text: crash

text: in

text: California

text: In

text: March

text: the

text: Veteran

text: was

text: hospitalized

text: for

text: severe

text: depression

text: and

text: psychotic

text: features

text: She

text: reported

text: having

text: auditory

text: hallucinations

text: but

text: was

text: unable

text: to

text: figure

text: out

text: what

text: they

text: were

text: saying

text: She

text: described

text: having

text: command

text: auditory

text: hallucinations

text: and

text: visual

text: hallucinations

text: regarding

text: people

text: she

text: knew

text: in

text: the

text: Vietnam

text: War

text: A

text: March

text: VA

text: psychiatry

text: note

text: indicates

text: that

text: the

text: Veteran

text: described

text: seeing

text: people

text: from

text: the

text: war

text: friends

text: she

text: knew

text: soldiers

text: to

text: whom

text: she

text: delivered

text: mail

text: She

text: discussed

text: nightmares

text: of

text: a

text: woman

text: s

text: finger

text: being

text: severed

text: in

text: service

text: To

text: the

text: extent

text: that

text: the

text: Veteran

text: reported

text: a

text: stressor

text: during

text: her

text: reserve

text: service

text: these

text: treatment

text: notes

text: are

text: favorable

text: to

text: the

text: claim

text: An

text: April

text: Social

text: Security

text: Administration

text: SSA

text: record

text: indicates

text: that

text: after

text: an

text: honorable

text: discharge

text: from

text: the

text: military

text: she

text: worked

text: at

text: Lockheed

text: Martin

text: processing

text: tools

text: parts

text: and

text: blueprints

text: for

text: years

text: until

text: August

text: The

text: examiner

text: noted

text: the

text: Veteran

text: s

text: account

text: of

text: some

text: problems

text: with

text: nervousness

text: and

text: depression

text: and

text: her

text: hospitalization

text: in

text: March

text: Since

text: this

text: evidence

text: establishes

text: that

text: the

text: Veteran

text: was

text: able

text: to

text: work

text: for

text: the

text: same

text: employer

text: for

text: following

text: her

text: separation

text: from

text: active

text: service

text: this

text: evidence

text: is

text: unfavorable

text: to

text: a

text: finding

text: that

text: the

text: Veteran

text: manifested

text: behavioral

text: changes

text: following

text: any

text: incident

text: of

text: active

text: or

text: reserve

text: service

text: An

text: August

text: VA

text: PTSD

text: outpatient

text: treatment

text: note

text: indicates

text: that

text: the

text: Veteran

text: reported

text: having

text: ongoing

text: dreams

text: about

text: sexual

text: trauma

text: that

text: occurred

text: in

text: the

text: military

text: A

text: September

text: the

text: Veteran

text: complained

text: of

text: chronic

text: depression

text: and

text: PTSD

text: The

text: Veteran

text: reported

text: having

text: had

text: an

text: abusive

text: childhood

text: She

text: was

text: physically

text: abused

text: by

text: her

text: father

text: and

text: mother

text: Her

text: father

text: fondled

text: her

text: after

text: the

text: death

text: of

text: her

text: mother

text: She

text: stated

text: that

text: this

text: was

text: a

text: lone

text: incident

text: and

text: denied

text: any

text: other

text: unwanted

text: childhood

text: sexual

text: experiences

text: The

text: Veteran

text: reported

text: experiencing

text: sexual

text: trauma

text: in

text: the

text: military

text: Specifically

text: she

text: reported

text: being

text: raped

text: by

text: three

text: other

text: women

text: She

text: reported

text: that

text: she

text: reported

text: this

text: incident

text: to

text: her

text: commanding

text: officer

text: but

text: no

text: action

text: was

text: taken

text: She

text: indicated

text: that

text: boot

text: camp

text: was

text: fine

text: She

text: stated

text: that

text: she

text: was

text: named

text: outstanding

text: recruit

text: of

text: the

text: platoon

text: and

text: that

text: she

text: received

text: her

text: first

text: rank

text: out

text: of

text: boot

text: camp

text: The

text: Veteran

text: reported

text: psychiatric

text: problems

text: since

text: her

text: military

text: discharge

text: The

text: examiner

text: opined

text: that

text: the

text: Veteran

text: met

text: the

text: criteria

text: for

text: a

text: diagnosis

text: of

text: PTSD

text: due

text: to

text: sexual

text: assault

text: that

text: she

text: suffered

text: while

text: on

text: active

text: duty

text: The

text: Veteran

text: reported

text: audiovisual

text: hallucinations

text: of

text: her

text: rapists

text: and

text: other

text: Marines

text: She

text: reacted

text: with

text: intense

text: fear

text: and

text: helplessness

text: She

text: had

text: nightmares

text: about

text: the

text: rape

text: reported

text: dissociative

text: states

text: in

text: which

text: she

text: feels

text: as

text: if

text: she

text: is

text: reliving

text: her

text: rape

text: and

text: defending

text: herself

text: This

text: evidence

text: is

text: favorable

text: to

text: but

text: not

text: dispositive

text: of

text: the

text: claim

text: A

text: September

text: VA

text: mental

text: health

text: note

text: reflects

text: she

text: had

text: a

text: tenuous

text: living

text: situation

text: She

text: was

text: unable

text: to

text: pay

text: her

text: rent

text: utilities

text: and

text: food

text: She

text: was

text: noted

text: to

text: be

text: in

text: treatment

text: at

text: the

text: Women

text: s

text: Program

text: for

text: PTSD

text: The

text: impression

text: was

text: depressive

text: disorder

text: history

text: of

text: psychosis

text: stable

text: inadequate

text: housing

text: and

text: history

text: of

text: PTSD

text: currently

text: being

text: treated

text: An

text: October

text: outpatient

text: report

text: was

text: consistent

text: with

text: the

text: September

text: report

text: At

text: VA

text: psychiatric

text: examination

text: in

text: November

text: the

text: Veteran

text: reported

text: that

text: in

text: May

text: she

text: was

text: on

text: guard

text: duty

text: in

text: the

text: family

text: barracks

text: at

text: Camp

text: Pendleton

text: when

text: three

text: females

text: attacked

text: her

text: and

text: performed

text: sexual

text: acts

text: She

text: called

text: for

text: help

text: but

text: no

text: one

text: came

text: She

text: wrote

text: a

text: note

text: in

text: the

text: company

text: logbook

text: indicating

text: that

text: an

text: incident

text: had

text: occurred

text: but

text: she

text: did

text: not

text: give

text: any

text: details

text: She

text: also

text: reported

text: the

text: incident

text: to

text: her

text: commanding

text: officer

text: and

text: provided

text: the

text: names

text: of

text: the

text: individuals

text: involved

text: She

text: was

text: not

text: referred

text: to

text: a

text: hospital

text: and

text: did

text: not

text: seek

text: psychiatric

text: help

text: She

text: also

text: recounted

text: a

text: helicopter

text: crash

text: at

text: Camp

text: Pendleton

text: during

text: her

text: reserve

text: service

text: in

text: which

text: one

text: of

text: her

text: roommates

text: was

text: killed

text: She

text: recalled

text: finding

text: a

text: finger

text: lying

text: near

text: the

text: crash

text: site

text: Eight

text: Marines

text: were

text: killed

text: The

text: examiner

text: assigned

text: a

text: diagnosis

text: of

text: major

text: depressive

text: disorder

text: with

text: psychotic

text: features

text: The

text: examiner

text: noted

text: that

text: despite

text: the

text: history

text: of

text: mixed

text: depressive

text: and

text: psychotic

text: symptoms

text: dating

text: back

text: to

text: years

text: the

text: Veteran

text: had

text: held

text: a

text: job

text: successfully

text: until

text: approximately

text: two

text: years

text: earlier

text: The

text: criteria

text: for

text: diagnosis

text: of

text: schizoaffective

text: disorder

text: was

text: not

text: met

text: the

text: examiner

text: concluded

text: because

text: it

text: was

text: not

text: clear

text: that

text: she

text: ever

text: had

text: a

text: distinct

text: period

text: of

text: two

text: weeks

text: when

text: the

text: psychotic

text: symptoms

text: persisted

text: but

text: she

text: was

text: free

text: of

text: mood

text: symptoms

text: The

text: examiner

text: opined

text: in

text: essence

text: that

text: no

text: current

text: psychiatric

text: disorder

text: was

text: linked

text: to

text: the

text: Veteran

text: s

text: service

text: or

text: any

text: incident

text: thereof

text: The

text: opinion

text: is

text: well

text: reasoned

text: and

text: provides

text: an

text: accurate

text: summary

text: of

text: the

text: record

text: The

text: opinion

text: is

text: persuasive

text: evidence

text: against

text: the

text: claim

text: A

text: January

text: VA

text: PTSD

text: outpatient

text: report

text: noted

text: that

text: the

text: Veteran

text: discussed

text: several

text: motor

text: vehicle

text: accidents

text: in

text: which

text: she

text: was

text: involved

text: She

text: reported

text: an

text: incident

text: in

text: the

text: military

text: in

text: which

text: she

text: fell

text: from

text: a

text: vehicle

text: and

text: slid

text: feet

text: into

text: an

text: intersection

text: She

text: stated

text: that

text: anxiety

text: attacks

text: were

text: a

text: barrier

text: to

text: driving

text: This

text: treatment

text: note

text: provides

text: a

text: description

text: of

text: a

text: stressor

text: not

text: previously

text: reported

text: However

text: the

text: Veteran

text: has

text: not

text: provided

text: additional

text: information

text: as

text: to

text: the

text: possible

text: date

text: or

text: location

text: of

text: a

text: motor

text: vehicle

text: accident

text: referenced

text: in

text: the

text: January

text: treatment

text: notes

text: She

text: has

text: not

text: indicated

text: when

text: or

text: where

text: she

text: was

text: treated

text: for

text: injuries

text: sustained

text: in

text: such

text: a

text: motor

text: vehicle

text: accident

text: in

text: the

text: years

text: since

text: she

text: mentioned

text: such

text: a

text: stressor

text: The

text: Veteran

text: has

text: not

text: provided

text: any

text: additional

text: details

text: which

text: could

text: be

text: used

text: to

text: verify

text: the

text: motor

text: vehicle

text: accident

text: Thus

text: the

text: treatment

text: note

text: is

text: unfavorable

text: to

text: the

text: claim

text: since

text: it

text: is

text: not

text: consistent

text: with

text: any

text: prior

text: information

text: and

text: is

text: not

text: clarified

text: or

text: further

text: described

text: in

text: any

text: later

text: stressor

text: account

text: SSA

text: awarded

text: the

text: Veteran

text: disability

text: benefits

text: in

text: a

text: favorable

text: decision

text: The

text: award

text: letter

text: provides

text: no

text: discussion

text: of

text: a

text: specific

text: stressor

text: or

text: a

text: link

text: between

text: the

text: Veteran

text: s

text: service

text: and

text: an

text: acquired

text: psychiatric

text: disability

text: This

text: award

text: and

text: the

text: underlying

text: medical

text: evidence

text: provides

text: no

text: additional

text: information

text: that

text: is

text: favorable

text: or

text: unfavorable

text: to

text: the

text: claim

text: An

text: April

text: VA

text: outpatient

text: note

text: indicates

text: that

text: the

text: award

text: of

text: SSA

text: disability

text: benefits

text: reminded

text: the

text: Veteran

text: of

text: past

text: hardships

text: including

text: being

text: raped

text: homeless

text: unemployed

text: and

text: depressed

text: This

text: event

text: led

text: to

text: a

text: resurgence

text: of

text: memories

text: associated

text: with

text: the

text: rape

text: including

text: the

text: name

text: of

text: one

text: of

text: her

text: attackers

text: T

text: as

text: well

text: as

text: a

text: woman

text: who

text: later

text: helped

text: protect

text: her

text: from

text: the

text: rapists

text: E

text: The

text: social

text: worker

text: who

text: authored

text: the

text: note

text: indicated

text: that

text: memories

text: of

text: her

text: rape

text: appeared

text: to

text: have

text: been

text: the

text: core

text: of

text: the

text: Veteran

text: s

text: current

text: dysphoria

text: This

text: treatment

text: note

text: raises

text: additional

text: inconsistencies

text: in

text: the

text: information

text: provided

text: by

text: the

text: Veteran

text: Although

text: the

text: Veteran

text: told

text: the

text: provider

text: she

text: remembered

text: names

text: of

text: two

text: servicemembers

text: involved

text: in

text: the

text: incident

text: the

text: Veteran

text: has

text: never

text: provided

text: any

text: name

text: of

text: a

text: fellow

text: former

text: servicemember

text: for

text: purposes

text: of

text: development

text: of

text: her

text: claim

text: for

text: compensation

text: Her

text: statements

text: at

text: the

text: April

text: VA

text: treatment

text: visit

text: are

text: inconsistent

text: with

text: her

text: actions

text: since

text: that

text: time

text: That

text: inconsistency

text: undermines

text: her

text: credibility

text: The

text: Board

text: has

text: considered

text: all

text: the

text: evidence

text: of

text: record

text: regarding

text: an

text: alleged

text: sexual

text: assault

text: that

text: the

text: Veteran

text: reports

text: occurred

text: during

text: her

text: active

text: service

text: The

text: fact

text: that

text: no

text: service

text: department

text: records

text: of

text: the

text: incident

text: have

text: been

text: located

text: does

text: not

text: weigh

text: against

text: the

text: possible

text: occurrence

text: or

text: the

text: Veteran

text: s

text: credibility

text: since

text: VA

text: regulations

text: recognize

text: that

text: such

text: incidents

text: if

text: reported

text: were

text: not

text: uniformly

text: documented

text: However

text: in

text: the

text: October

text: stressor

text: statement

text: the

text: Veteran

text: stated

text: that

text: she

text: could

text: not

text: remember

text: the

text: names

text: of

text: any

text: individuals

text: involved

text: That

text: report

text: is

text: in

text: conflict

text: with

text: the

text: April

text: treatment

text: report

text: The

text: Veteran

text: contends

text: that

text: she

text: had

text: symptoms

text: of

text: a

text: psychiatric

text: disability

text: soon

text: after

text: her

text: discharge

text: from

text: active

text: duty

text: and

text: soon

text: after

text: reserve

text: service

text: was

text: completed

text: The

text: Veteran

text: is

text: competent

text: to

text: report

text: events

text: during

text: active

text: service

text: However

text: once

text: evidence

text: is

text: determined

text: to

text: be

text: competent

text: the

text: Board

text: must

text: determine

text: whether

text: such

text: evidence

text: is

text: also

text: credible

text: See

text: Layno

text: v

text: Brown

text: Vet

text: App

text: distinguishing

text: between

text: competency

text: a

text: legal

text: concept

text: determining

text: whether

text: testimony

text: may

text: be

text: heard

text: and

text: considered

text: and

text: credibility

text: a

text: factual

text: determination

text: going

text: to

text: the

text: probative

text: value

text: of

text: the

text: evidence

text: to

text: be

text: made

text: after

text: the

text: evidence

text: has

text: been

text: admitted

text: The

text: evidence

text: of

text: record

text: contradicts

text: the

text: Veteran

text: s

text: assertion

text: of

text: chronic

text: psychiatric

text: symptoms

text: or

text: disability

text: or

text: symptoms

text: or

text: disability

text: due

text: to

text: psychosis

text: during

text: a

text: presumptive

text: period

text: In

text: weighing

text: credibility

text: VA

text: may

text: consider

text: interest

text: bias

text: inconsistent

text: statements

text: bad

text: character

text: internal

text: inconsistency

text: facial

text: plausibility

text: self

text: interest

text: consistency

text: with

text: other

text: evidence

text: of

text: record

text: malingering

text: desire

text: for

text: monetary

text: gain

text: and

text: demeanor

text: of

text: the

text: witness

text: Caluza

text: v

text: Brown

text: Vet

text: App

text: The

text: Board

text: may

text: weigh

text: the

text: absence

text: of

text: contemporaneous

text: medical

text: evidence

text: against

text: the

text: lay

text: evidence

text: in

text: determining

text: credibility

text: but

text: the

text: Board

text: cannot

text: determine

text: that

text: lay

text: evidence

text: lacks

text: credibility

text: merely

text: because

text: it

text: is

text: unaccompanied

text: by

text: contemporaneous

text: medical

text: evidence

text: Buchanan

text: v

text: Nicholson

text: F

text: d

text: Fed

text: Cir

text: The

text: Board

text: may

text: not

text: ignore

text: a

text: veteran

text: s

text: testimony

text: simply

text: because

text: he

text: or

text: she

text: is

text: an

text: interested

text: party

text: and

text: stands

text: to

text: gain

text: monetary

text: benefits

text: personal

text: interest

text: may

text: however

text: affect

text: the

text: credibility

text: of

text: the

text: evidence

text: Cartright

text: v

text: Derwinski

text: Vet

text: App

text: The

text: Veteran

text: provided

text: varying

text: accounts

text: of

text: stressor

text: events

text: to

text: VA

text: adjudicators

text: and

text: treatment

text: providers

text: during

text: the

text: lengthy

text: pendency

text: of

text: the

text: appeal

text: Given

text: the

text: inconsistencies

text: between

text: the

text: Veteran

text: s

text: reports

text: and

text: the

text: objective

text: evidence

text: of

text: record

text: the

text: Veteran

text: s

text: credibility

text: is

text: diminished

text: The

text: Veteran

text: s

text: service

text: personnel

text: records

text: are

text: associated

text: with

text: the

text: claims

text: file

text: Review

text: of

text: the

text: service

text: personnel

text: records

text: shows

text: no

text: indication

text: of

text: disciplinary

text: actions

text: adverse

text: personnel

text: actions

text: drop

text: in

text: performance

text: or

text: requests

text: for

text: reassignment

text: During

text: active

text: service

text: she

text: states

text: that

text: she

text: was

text: awarded

text: the

text: outstanding

text: recruit

text: award

text: her

text: August

text: performance

text: evaluation

text: was

text: excellent

text: The

text: Veteran

text: reported

text: at

text: the

text: November

text: VA

text: examination

text: that

text: she

text: enjoyed

text: both

text: active

text: service

text: and

text: reserve

text: service

text: The

text: Veteran

text: reported

text: that

text: she

text: chose

text: to

text: be

text: discharged

text: from

text: active

text: service

text: in

text: August

text: due

text: in

text: part

text: to

text: the

text: sexual

text: abuse

text: but

text: her

text: performance

text: obviously

text: did

text: not

text: deteriorate

text: in

text: any

text: way

text: due

text: to

text: the

text: alleged

text: assault

text: Importantly

text: in

text: August

text: just

text: three

text: months

text: after

text: the

text: alleged

text: sexual

text: assault

text: occurred

text: in

text: May

text: the

text: Veteran

text: received

text: an

text: excellent

text: performance

text: review

text: The

text: Veteran

text: enlisted

text: in

text: for

text: six

text: additional

text: years

text: of

text: reserve

text: service

text: and

text: was

text: promoted

text: Her

text: reserve

text: component

text: service

text: performance

text: record

text: was

text: also

text: excellent

text: and

text: unblemished

text: It

text: reflects

text: only

text: high

text: achievement

text: and

text: excellent

text: work

text: ethic

text: Significantly

text: VA

text: outpatient

text: treatment

text: records

text: from

text: and

text: do

text: not

text: contain

text: any

text: allegation

text: of

text: any

text: kind

text: of

text: military

text: sexual

text: trauma

text: or

text: abuse

text: The

text: first

text: evidence

text: of

text: a

text: report

text: of

text: military

text: sexual

text: trauma

text: is

text: from

text: August

text: after

text: the

text: Veteran

text: filed

text: her

text: claim

text: for

text: entitlement

text: to

text: service

text: connection

text: for

text: PTSD

text: Notably

text: prior

text: to

text: August

text: the

text: Veteran

text: specifically

text: alleged

text: other

text: stressors

text: to

text: include

text: the

text: helicopter

text: crash

text: seeing

text: dead

text: bodies

text: and

text: generalized

text: nightmares

text: about

text: people

text: she

text: knew

text: who

text: may

text: have

text: died

text: serving

text: in

text: Vietnam

text: This

text: is

text: not

text: necessarily

text: significant

text: in

text: and

text: of

text: itself

text: yet

text: combined

text: with

text: the

text: other

text: credibility

text: evidence

text: of

text: record

text: the

text: Board

text: finds

text: that

text: it

text: diminishes

text: her

text: credibility

text: somewhat

text: in

text: that

text: her

text: descriptions

text: regarding

text: her

text: stressors

text: have

text: changed

text: at

text: various

text: examinations

text: The

text: Veteran

text: was

text: referred

text: to

text: the

text: VA

text: Mental

text: Health

text: Clinic

text: in

text: September

text: following

text: a

text: positive

text: military

text: sexual

text: trauma

text: and

text: PTSD

text: screening

text: It

text: was

text: at

text: that

text: time

text: she

text: was

text: diagnosed

text: with

text: PTSD

text: due

text: to

text: the

text: military

text: sexual

text: trauma

text: In

text: contrast

text: the

text: VA

text: psychiatrist

text: who

text: conducted

text: November

text: VA

text: examination

text: two

text: months

text: later

text: concluded

text: that

text: the

text: Veteran

text: did

text: not

text: meet

text: the

text: criteria

text: for

text: a

text: diagnosis

text: of

text: PTSD

text: The

text: Board

text: also

text: points

text: out

text: that

text: the

text: examiner

text: had

text: access

text: to

text: and

text: reviewed

text: the

text: Veteran

text: s

text: claims

text: file

text: to

text: include

text: her

text: prior

text: psychiatric

text: diagnoses

text: hallucinations

text: and

text: alleged

text: stressors

text: As

text: noted

text: above

text: the

text: November

text: VA

text: examination

text: report

text: is

text: lengthy

text: accurate

text: and

text: provides

text: the

text: reasoning

text: for

text: the

text: examiner

text: s

text: conclusions

text: In

text: contrast

text: the

text: VA

text: psychologist

text: who

text: provided

text: the

text: September

text: diagnosis

text: did

text: not

text: reference

text: review

text: of

text: any

text: records

text: but

text: rather

text: assigned

text: a

text: diagnosis

text: based

text: upon

text: the

text: Veteran

text: s

text: account

text: of

text: her

text: own

text: history

text: Also

text: probative

text: regarding

text: the

text: Veteran

text: s

text: credibility

text: is

text: the

text: fact

text: that

text: she

text: has

text: told

text: different

text: examiners

text: different

text: facts

text: regarding

text: her

text: history

text: At

text: the

text: November

text: VA

text: exam

text: she

text: stated

text: that

text: in

text: approximately

text: she

text: started

text: feeling

text: depressed

text: At

text: the

text: September

text: PTSD

text: examination

text: she

text: stated

text: that

text: she

text: has

text: been

text: having

text: mental

text: health

text: issues

text: ever

text: since

text: service

text: The

text: various

text: psychiatrists

text: and

text: psychologists

text: who

text: have

text: noted

text: PTSD

text: as

text: due

text: to

text: military

text: sexual

text: trauma

text: appear

text: to

text: have

text: done

text: so

text: based

text: only

text: on

text: the

text: Veteran

text: s

text: self

text: reported

text: history

text: rather

text: than

text: review

text: of

text: the

text: complete

text: record

text: A

text: medical

text: professional

text: s

text: opinion

text: based

text: on

text: a

text: post

text: service

text: examination

text: of

text: a

text: veteran

text: is

text: not

text: competent

text: evidence

text: that

text: an

text: in

text: service

text: stressor

text: occurred

text: Cohen

text: v

text: Brown

text: Vet

text: App

text: Moreau

text: Vet

text: App

text: To

text: the

text: degree

text: that

text: the

text: medical

text: providers

text: have

text: based

text: their

text: opinions

text: on

text: the

text: Veteran

text: s

text: self

text: reported

text: accounts

text: of

text: military

text: sexual

text: trauma

text: the

text: Board

text: has

text: found

text: such

text: reports

text: to

text: be

text: not

text: credible

text: and

text: it

text: follows

text: that

text: medical

text: opinions

text: based

text: on

text: such

text: reports

text: are

text: not

text: probative

text: Further

text: because

text: such

text: medical

text: opinions

text: are

text: not

text: based

text: on

text: review

text: of

text: the

text: evidence

text: they

text: do

text: not

text: constitute

text: verification

text: of

text: military

text: sexual

text: trauma

text: under

text: C

text: F

text: R

text: f

text: As

text: a

text: layperson

text: the

text: Veteran

text: can

text: certainly

text: provide

text: an

text: account

text: of

text: her

text: symptoms

text: and

text: feelings

text: at

text: any

text: given

text: time

text: However

text: service

text: personnel

text: records

text: and

text: later

text: reserve

text: service

text: records

text: in

text: particular

text: weigh

text: heavily

text: against

text: the

text: Veteran

text: s

text: September

text: account

text: that

text: she

text: has

text: had

text: mental

text: health

text: problems

text: ever

text: since

text: her

text: active

text: service

text: As

text: mentioned

text: previously

text: the

text: stellar

text: performance

text: evaluation

text: reports

text: during

text: her

text: reserve

text: service

text: generally

text: negate

text: the

text: contention

text: that

text: mental

text: health

text: problems

text: such

text: as

text: psychosis

text: were

text: present

text: at

text: that

text: time

text: In

text: addition

text: the

text: Veteran

text: has

text: claimed

text: that

text: her

text: PTSD

text: is

text: a

text: result

text: of

text: a

text: stressor

text: involving

text: her

text: witnessing

text: and

text: picking

text: up

text: human

text: remains

text: of

text: Marines

text: who

text: had

text: been

text: killed

text: in

text: a

text: helicopter

text: crash

text: in

text: Camp

text: Pendleton

text: This

text: stressor

text: is

text: a

text: major

text: event

text: yet

text: remains

text: unverified

text: after

text: all

text: attempts

text: While

text: the

text: case

text: was

text: on

text: remand

text: status

text: following

text: the

text: Remand

text: from

text: the

text: Board

text: the

text: RO

text: was

text: instructed

text: to

text: accomplish

text: all

text: development

text: action

text: in

text: order

text: to

text: corroborate

text: the

text: stressor

text: The

text: RO

text: acquired

text: a

text: Command

text: Chronology

text: from

text: the

text: Commanding

text: General

text: Marine

text: Corps

text: Base

text: Camp

text: Pendleton

text: California

text: from

text: July

text: through

text: December

text: no

text: helicopter

text: crash

text: was

text: reported

text: The

text: Veteran

text: then

text: provided

text: statements

text: indicating

text: that

text: during

text: her

text: reserve

text: service

text: in

text: she

text: performed

text: post

text: crash

text: duties

text: at

text: the

text: site

text: of

text: a

text: helicopter

text: crash

text: in

text: which

text: two

text: female

text: Marines

text: were

text: torn

text: to

text: pieces

text: No

text: objective

text: confirmation

text: of

text: this

text: stressor

text: has

text: been

text: located

text: It

text: is

text: not

text: credible

text: that

text: a

text: helicopter

text: crash

text: in

text: which

text: resulted

text: in

text: fatalities

text: would

text: not

text: have

text: been

text: documented

text: by

text: the

text: service

text: department

text: or

text: the

text: base

text: at

text: which

text: it

text: is

text: alleged

text: to

text: have

text: occurred

text: or

text: that

text: no

text: other

text: information

text: such

text: as

text: a

text: newspaper

text: article

text: reports

text: of

text: aviation

text: accidents

text: or

text: the

text: like

text: would

text: be

text: located

text: The

text: Board

text: finds

text: it

text: very

text: probative

text: that

text: the

text: Veteran

text: has

text: described

text: vividly

text: remembering

text: witnessing

text: a

text: crash

text: involving

text: either

text: October

text: VA

text: outpatient

text: records

text: November

text: VA

text: examination

text: or

text: October

text: VA

text: Mental

text: Health

text: Clinic

text: outpatient

text: records

text: Addendum

text: dead

text: Marines

text: to

text: include

text: her

text: roommates

text: yet

text: there

text: is

text: no

text: objective

text: confirmation

text: of

text: the

text: event

text: In

text: particular

text: the

text: Board

text: notes

text: the

text: Veteran

text: s

text: statements

text: that

text: the

text: media

text: reported

text: on

text: this

text: crash

text: but

text: their

text: reports

text: were

text: inaccurate

text: If

text: the

text: alleged

text: incident

text: had

text: been

text: reported

text: in

text: the

text: media

text: as

text: the

text: Veteran

text: has

text: described

text: it

text: would

text: be

text: expected

text: that

text: objective

text: information

text: about

text: the

text: incident

text: could

text: be

text: located

text: on

text: the

text: Internet

text: if

text: not

text: from

text: the

text: service

text: department

text: See

text: e

text: g

text: Bureau

text: of

text: Aircraft

text: Accident

text: Archives

text: http

text: www

text: baaa

text: acro

text: com

text: archive

text: of

text: information

text: about

text: aviation

text: accidents

text: listing

text: more

text: than

text: events

text: Los

text: Angeles

text: Times

text: Collections

text: Helicopter

text: Accidents

text: Marine

text: Corps

text: US

text: http

text: articles

text: latimes

text: com

text: keyword

text: helicopter

text: accidents

text: marine

text: corps

text: u

text: s

text: The

text: absence

text: of

text: any

text: objective

text: corroboration

text: of

text: the

text: alleged

text: helicopter

text: crash

text: with

text: fatalities

text: is

text: highly

text: unfavorable

text: to

text: the

text: Veteran

text: s

text: contention

text: that

text: she

text: picked

text: up

text: human

text: remains

text: following

text: such

text: an

text: accident

text: The

text: Veteran

text: is

text: a

text: sympathetic

text: claimant

text: The

text: record

text: establishes

text: that

text: the

text: Veteran

text: performed

text: her

text: active

text: service

text: honorably

text: and

text: well

text: and

text: was

text: highly

text: regarded

text: during

text: her

text: reserve

text: component

text: service

text: The

text: pursuit

text: of

text: this

text: claim

text: for

text: the

text: years

text: of

text: the

text: pendency

text: of

text: this

text: appeal

text: establishes

text: that

text: the

text: Veteran

text: sincerely

text: believes

text: that

text: a

text: current

text: psychiatric

text: disorder

text: is

text: linked

text: to

text: her

text: service

text: Nevertheless

text: the

text: preponderance

text: of

text: the

text: evidence

text: is

text: unfavorable

text: to

text: the

text: claim

text: The

text: available

text: service

text: personnel

text: records

text: although

text: incomplete

text: show

text: no

text: indictors

text: of

text: a

text: stressor

text: such

text: as

text: disciplinary

text: problems

text: or

text: behavioral

text: changes

text: The

text: lay

text: and

text: medical

text: records

text: are

text: inconsistent

text: with

text: the

text: Veteran

text: s

text: assertion

text: that

text: she

text: had

text: chronic

text: mental

text: health

text: disability

text: symptoms

text: following

text: her

text: active

text: or

text: reserve

text: service

text: The

text: AMC

text: issued

text: a

text: March

text: memorandum

text: summary

text: of

text: actions

text: taken

text: in

text: attempt

text: to

text: corroborate

text: the

text: Veteran

text: s

text: alleged

text: PTSD

text: stressors

text: It

text: was

text: concluded

text: that

text: exhaustive

text: attempts

text: failed

text: to

text: corroborate

text: a

text: stressor

text: and

text: no

text: further

text: development

text: should

text: be

text: conducted

text: Although

text: the

text: Veteran

text: suggests

text: that

text: it

text: is

text: possible

text: that

text: this

text: crash

text: may

text: have

text: occurred

text: shortly

text: after

text: the

text: Veteran

text: was

text: called

text: up

text: on

text: reserve

text: duty

text: after

text: Desert

text: Storm

text: began

text: in

text: there

text: simply

text: is

text: no

text: record

text: of

text: or

text: Marines

text: perishing

text: in

text: a

text: helicopter

text: accident

text: at

text: Camp

text: Pendleton

text: at

text: that

text: time

text: either

text: See

text: http

text: www

text: tecom

text: usmc

text: mil

text: HD

text: Chronologies

text: Yearly

text: htm

text: and

text: http

text: www

text: tecom

text: usmc

text: mil

text: HD

text: Chronologies

text: Yearly

text: htm

text: With

text: regard

text: to

text: psychiatric

text: disorders

text: other

text: than

text: PTSD

text: the

text: Veteran

text: is

text: diagnosed

text: with

text: depressive

text: disorder

text: with

text: psychotic

text: features

text: and

text: has

text: been

text: receiving

text: SSA

text: disability

text: benefits

text: for

text: severe

text: major

text: depression

text: since

text: August

text: However

text: there

text: is

text: no

text: indication

text: in

text: the

text: record

text: whatsoever

text: that

text: depressive

text: disorder

text: with

text: psychotic

text: features

text: is

text: related

text: to

text: her

text: service

text: In

text: sum

text: the

text: Board

text: is

text: not

text: authorized

text: to

text: grant

text: service

text: connection

text: for

text: PTSD

text: because

text: the

text: Veteran

text: has

text: not

text: presented

text: verified

text: or

text: verifiable

text: stressors

text: C

text: F

text: R

text: The

text: criteria

text: for

text: service

text: connection

text: for

text: an

text: acquired

text: psychiatric

text: disorder

text: other

text: than

text: PTSD

text: are

text: not

text: met

text: because

text: there

text: is

text: no

text: medical

text: evidence

text: or

text: opinion

text: that

text: such

text: disorder

text: began

text: during

text: service

text: is

text: etiologically

text: related

text: to

text: service

text: or

text: any

text: incident

text: thereof

text: or

text: that

text: the

text: Veteran

text: manifested

text: a

text: psychosis

text: within

text: one

text: year

text: after

text: her

text: discharge

text: from

text: service

text: Because

text: the

text: evidence

text: preponderates

text: against

text: the

text: claim

text: the

text: benefit

text: of

text: the

text: doubt

text: rule

text: does

text: not

text: apply

text: Gilbert

text: Vet

text: App

text: The

text: claim

text: for

text: service

text: connection

text: for

text: an

text: acquired

text: psychiatric

text: disorder

text: to

text: include

text: PTSD

text: must

text: be

text: denied

text: Duties

text: to

text: Notify

text: and

text: Assist

text: VA

text: must

text: inform

text: the

text: claimant

text: of

text: any

text: information

text: and

text: evidence

text: not

text: of

text: record

text: that

text: is

text: necessary

text: to

text: substantiate

text: the

text: claim

text: that

text: VA

text: will

text: seek

text: to

text: provide

text: and

text: that

text: the

text: claimant

text: is

text: expected

text: to

text: provide

text: U

text: S

text: C

text: A

text: a

text: C

text: F

text: R

text: b

text: Veterans

text: Claims

text: Assistance

text: Act

text: of

text: VCAA

text: C

text: F

text: R

text: a

text: a

text: Pelegrini

text: v

text: Principi

text: Vet

text: App

text: In

text: this

text: case

text: an

text: initial

text: letter

text: advising

text: the

text: Veteran

text: of

text: the

text: requirements

text: for

text: establishing

text: service

text: connection

text: for

text: PTSD

text: was

text: issued

text: in

text: February

text: That

text: letter

text: included

text: a

text: PTSD

text: questionnaire

text: in

text: compliance

text: with

text: special

text: development

text: requirements

text: when

text: a

text: PTSD

text: claim

text: is

text: based

text: on

text: a

text: stressor

text: of

text: an

text: alleged

text: physical

text: or

text: sexual

text: assault

text: See

text: YR

text: v

text: West

text: Vet

text: App

text: Patton

text: v

text: West

text: Vet

text: App

text: M

text: Part

text: III

text: para

text: d

text: C

text: F

text: R

text: f

text: The

text: Board

text: notes

text: that

text: letters

text: dated

text: in

text: February

text: October

text: December

text: March

text: May

text: September

text: October

text: November

text: August

text: March

text: February

text: and

text: December

text: provided

text: additional

text: and

text: updated

text: information

text: to

text: the

text: Veteran

text: The

text: March

text: letter

text: from

text: the

text: AOJ

text: for

text: example

text: followed

text: the

text: February

text: Remand

text: in

text: which

text: the

text: Board

text: advised

text: the

text: Veteran

text: of

text: the

text: elements

text: required

text: to

text: establish

text: service

text: connection

text: for

text: PTSD

text: and

text: the

text: types

text: of

text: evidence

text: that

text: tend

text: to

text: substantiate

text: claims

text: of

text: physical

text: or

text: sexual

text: assault

text: in

text: service

text: The

text: Veteran

text: initially

text: submitted

text: this

text: claim

text: for

text: service

text: connection

text: in

text: nearly

text: years

text: ago

text: Numerous

text: communications

text: have

text: been

text: provided

text: to

text: the

text: Veteran

text: during

text: the

text: pendency

text: of

text: the

text: claim

text: Neither

text: the

text: Veteran

text: nor

text: her

text: representative

text: has

text: alleged

text: prejudice

text: with

text: respect

text: to

text: either

text: content

text: or

text: timing

text: of

text: notice

text: See

text: Shinseki

text: v

text: Sanders

text: S

text: Ct

text: If

text: there

text: was

text: any

text: deficiency

text: in

text: the

text: timing

text: of

text: complete

text: initial

text: notice

text: such

text: deficiency

text: has

text: been

text: remedied

text: by

text: the

text: fact

text: that

text: the

text: Veteran

text: s

text: claim

text: was

text: readjudicated

text: in

text: and

text: in

text: after

text: proper

text: VCAA

text: notice

text: was

text: provided

text: and

text: after

text: the

text: Veteran

text: had

text: an

text: opportunity

text: to

text: respond

text: Mayfield

text: v

text: Nicholson

text: F

text: d

text: The

text: Board

text: finds

text: that

text: the

text: duty

text: to

text: notify

text: the

text: Veteran

text: has

text: been

text: met

text: The

text: record

text: also

text: reflects

text: that

text: VA

text: has

text: made

text: reasonable

text: efforts

text: to

text: obtain

text: relevant

text: records

text: adequately

text: identified

text: by

text: the

text: Veteran

text: Specifically

text: the

text: information

text: and

text: evidence

text: that

text: have

text: been

text: associated

text: with

text: the

text: claims

text: file

text: include

text: some

text: of

text: the

text: Veteran

text: s

text: service

text: personnel

text: records

text: VA

text: treatment

text: records

text: VA

text: examination

text: reports

text: and

text: records

text: associated

text: with

text: an

text: SSA

text: disability

text: determination

text: Also

text: of

text: record

text: and

text: considered

text: in

text: connection

text: with

text: the

text: appeal

text: are

text: various

text: written

text: statements

text: submitted

text: by

text: the

text: Veteran

text: and

text: her

text: representative

text: In

text: cases

text: such

text: as

text: this

text: where

text: a

text: veteran

text: s

text: service

text: records

text: are

text: unavailable

text: through

text: no

text: fault

text: of

text: the

text: claimant

text: or

text: as

text: here

text: where

text: records

text: available

text: are

text: rendered

text: partially

text: illegible

text: in

text: the

text: electronic

text: format

text: there

text: is

text: a

text: heightened

text: obligation

text: to

text: assist

text: the

text: claimant

text: in

text: the

text: development

text: of

text: the

text: case

text: and

text: a

text: heightened

text: obligation

text: to

text: carefully

text: consider

text: the

text: benefit

text: of

text: the

text: doubt

text: rule

text: See

text: O

text: Hare

text: v

text: Derwinski

text: Vet

text: App

text: The

text: Board

text: finds

text: that

text: the

text: substantial

text: stressor

text: development

text: action

text: taken

text: by

text: the

text: AMC

text: outlined

text: in

text: the

text: March

text: and

text: August

text: memoranda

text: reflect

text: that

text: VA

text: has

text: met

text: the

text: heightened

text: obligation

text: to

text: assist

text: The

text: Veteran

text: vaguely

text: but

text: repeatedly

text: has

text: indicated

text: that

text: she

text: sought

text: some

text: sort

text: of

text: counseling

text: or

text: mental

text: health

text: treatment

text: in

text: the

text: s

text: but

text: she

text: is

text: unsure

text: why

text: She

text: indicated

text: that

text: she

text: was

text: treated

text: at

text: a

text: facility

text: identified

text: as

text: Touro

text: however

text: attempts

text: to

text: retrieve

text: those

text: records

text: resulted

text: in

text: a

text: negative

text: reply

text: as

text: the

text: facility

text: did

text: not

text: retain

text: records

text: for

text: more

text: than

text: years

text: The

text: service

text: department

text: was

text: queried

text: to

text: determine

text: whether

text: records

text: which

text: might

text: be

text: relevant

text: to

text: a

text: sexual

text: assault

text: at

text: a

text: barracks

text: might

text: be

text: available

text: In

text: March

text: a

text: memorandum

text: from

text: the

text: Naval

text: Criminal

text: Investigative

text: Service

text: NCIS

text: was

text: sent

text: to

text: VA

text: indicating

text: that

text: there

text: was

text: no

text: record

text: of

text: any

text: investigation

text: involving

text: a

text: sexual

text: assault

text: in

text: which

text: the

text: Veteran

text: was

text: a

text: victim

text: Additionally

text: a

text: February

text: Command

text: Chronology

text: from

text: Camp

text: Pendleton

text: for

text: July

text: through

text: December

text: was

text: received

text: and

text: it

text: showed

text: no

text: helicopter

text: crash

text: during

text: that

text: time

text: period

text: In

text: March

text: the

text: Appeals

text: Management

text: Center

text: AMC

text: issued

text: a

text: memorandum

text: formally

text: finding

text: the

text: Veteran

text: had

text: not

text: presented

text: verifiable

text: in

text: service

text: stressor

text: information

text: that

text: could

text: be

text: submitted

text: to

text: the

text: U

text: S

text: Army

text: Joint

text: Services

text: Records

text: Research

text: Center

text: JSRRC

text: for

text: corroboration

text: It

text: was

text: found

text: that

text: no

text: further

text: action

text: should

text: take

text: place

text: with

text: regard

text: to

text: stressor

text: verification

text: The

text: Board

text: in

text: an

text: August

text: Remand

text: again

text: directed

text: the

text: AOJ

text: to

text: seek

text: to

text: verify

text: the

text: Veteran

text: s

text: alleged

text: stressor

text: with

text: the

text: updated

text: information

text: provided

text: by

text: the

text: Veteran

text: and

text: the

text: DFAS

text: pay

text: status

text: information

text: A

text: very

text: specific

text: request

text: to

text: the

text: Naval

text: Safety

text: Center

text: requested

text: a

text: search

text: for

text: records

text: of

text: a

text: helicopter

text: crash

text: at

text: Fort

text: Pendleton

text: on

text: the

text: dates

text: when

text: the

text: Veteran

text: had

text: paid

text: service

text: January

text: February

text: and

text: March

text: The

text: Naval

text: Safety

text: Center

text: found

text: no

text: records

text: of

text: a

text: helicopter

text: crash

text: at

text: Fort

text: Pendleton

text: on

text: those

text: dates

text: In

text: August

text: the

text: AOJ

text: s

text: JSSRC

text: coordinator

text: summarized

text: the

text: attempts

text: to

text: locate

text: records

text: to

text: assist

text: the

text: Veteran

text: Without

text: additional

text: information

text: from

text: the

text: Veteran

text: any

text: further

text: attempts

text: to

text: locate

text: information

text: to

text: corroborate

text: the

text: two

text: described

text: stressors

text: would

text: be

text: fruitless

text: There

text: is

text: no

text: indication

text: that

text: the

text: Veteran

text: would

text: be

text: able

text: to

text: provide

text: additional

text: information

text: on

text: Remand

text: that

text: has

text: not

text: been

text: provided

text: during

text: the

text: years

text: of

text: the

text: pendency

text: of

text: this

text: appeal

text: A

text: further

text: Remand

text: or

text: further

text: attempt

text: to

text: develop

text: the

text: claim

text: would

text: be

text: fruitless

text: and

text: is

text: not

text: required

text: As

text: discussed

text: above

text: the

text: Veteran

text: was

text: notified

text: and

text: aware

text: of

text: the

text: evidence

text: needed

text: to

text: substantiate

text: her

text: claim

text: the

text: avenues

text: through

text: which

text: she

text: might

text: obtain

text: such

text: evidence

text: and

text: the

text: allocation

text: of

text: responsibilities

text: between

text: herself

text: and

text: VA

text: in

text: obtaining

text: such

text: evidence

text: The

text: Veteran

text: was

text: an

text: active

text: participant

text: in

text: the

text: claims

text: process

text: identifying

text: pertinet

text: medical

text: evidence

text: and

text: submitting

text: evidence

text: Thus

text: she

text: has

text: been

text: provided

text: with

text: a

text: meaningful

text: opportunity

text: to

text: participate

text: in

text: the

text: claims

text: process

text: and

text: has

text: done

text: so

text: Any

text: error

text: in

text: the

text: sequence

text: of

text: events

text: or

text: content

text: of

text: the

text: notice

text: is

text: not

text: shown

text: to

text: have

text: any

text: effect

text: on

text: the

text: case

text: or

text: to

text: cause

text: injury

text: to

text: the

text: Veteran

text: Therefore

text: any

text: such

text: error

text: is

text: harmless

text: and

text: does

text: not

text: prohibit

text: consideration

text: of

text: this

text: matter

text: on

text: the

text: merits

text: Dingess

text: Hartman

text: v

text: Nicholson

text: Vet

text: App

text: See

text: also

text: ATD

text: Corp

text: V

text: Lydall

text: Inc

text: F

text: d

text: Fed

text: Cir

text: A

text: remand

text: by

text: the

text: Board

text: confers

text: on

text: the

text: claimant

text: as

text: a

text: matter

text: of

text: law

text: the

text: right

text: to

text: compliance

text: with

text: remand

text: orders

text: Stegall

text: v

text: West

text: Vet

text: App

text: In

text: this

text: regard

text: the

text: Board

text: is

text: satisfied

text: as

text: to

text: the

text: compliance

text: with

text: the

text: instruction

text: for

text: its

text: February

text: August

text: and

text: August

text: remands

text: Specifically

text: the

text: February

text: Board

text: remand

text: instructed

text: the

text: RO

text: to

text: obtain

text: any

text: SSA

text: decision

text: and

text: any

text: medical

text: treatment

text: records

text: associated

text: with

text: such

text: a

text: decision

text: That

text: information

text: is

text: associated

text: with

text: the

text: file

text: The

text: RO

text: was

text: also

text: requested

text: to

text: send

text: the

text: Veteran

text: a

text: letter

text: informing

text: her

text: of

text: the

text: information

text: and

text: evidence

text: required

text: to

text: substantiate

text: her

text: claim

text: for

text: service

text: connection

text: for

text: PTSD

text: in

text: cases

text: alleging

text: PTSD

text: due

text: to

text: personal

text: assault

text: That

text: letter

text: was

text: send

text: In

text: addition

text: the

text: RO

text: was

text: instructed

text: to

text: afford

text: the

text: Veteran

text: an

text: opportunity

text: to

text: provide

text: more

text: information

text: regarding

text: her

text: stressor

text: to

text: include

text: names

text: of

text: the

text: alleged

text: assailants

text: the

text: commanding

text: officer

text: to

text: whom

text: she

text: reported

text: the

text: claimed

text: stressor

text: and

text: the

text: date

text: within

text: two

text: months

text: during

text: which

text: the

text: alleged

text: sexual

text: assault

text: incident

text: occurred

text: She

text: was

text: also

text: to

text: be

text: afforded

text: the

text: opportunity

text: to

text: identify

text: each

text: facility

text: at

text: which

text: she

text: received

text: psychiatric

text: care

text: post

text: service

text: and

text: another

text: search

text: for

text: her

text: service

text: treatment

text: records

text: was

text: to

text: be

text: conducted

text: The

text: RO

text: was

text: instructed

text: to

text: request

text: any

text: outstanding

text: information

text: or

text: records

text: The

text: RO

text: requested

text: copies

text: of

text: the

text: Veteran

text: s

text: service

text: treatment

text: records

text: through

text: the

text: VA

text: Records

text: Management

text: Center

text: the

text: Marine

text: Corps

text: Reserve

text: Support

text: Command

text: and

text: the

text: National

text: Personnel

text: Records

text: Management

text: Center

text: The

text: records

text: were

text: determined

text: to

text: be

text: unavailable

text: through

text: any

text: and

text: all

text: sources

text: The

text: Veteran

text: authorized

text: release

text: of

text: private

text: medical

text: information

text: Those

text: records

text: were

text: sought

text: but

text: a

text: negative

text: response

text: was

text: received

text: indicating

text: that

text: such

text: records

text: were

text: destroyed

text: after

text: years

text: The

text: RO

text: was

text: directed

text: to

text: request

text: records

text: from

text: the

text: Defense

text: Finance

text: and

text: Accounting

text: Service

text: DFAS

text: for

text: evidence

text: of

text: the

text: Veteran

text: s

text: earned

text: pay

text: or

text: leave

text: from

text: January

text: to

text: December

text: The

text: RO

text: was

text: further

text: instructed

text: to

text: request

text: Camp

text: Pendleton

text: to

text: search

text: pertinent

text: records

text: for

text: a

text: helicopter

text: crash

text: which

text: corresponded

text: to

text: the

text: Veteran

text: s

text: reserve

text: service

text: dates

text: as

text: verified

text: by

text: DFAS

text: In

text: August

text: DFAS

text: provided

text: the

text: exact

text: dates

text: that

text: the

text: Veteran

text: was

text: in

text: pay

text: status

text: from

text: January

text: to

text: December

text: This

text: information

text: was

text: then

text: shared

text: with

text: the

text: Military

text: Police

text: Office

text: at

text: Camp

text: Pendleton

text: The

text: Military

text: Police

text: Office

text: requested

text: names

text: and

text: social

text: security

text: numbers

text: of

text: the

text: casualties

text: with

text: an

text: exact

text: date

text: The

text: appellant

text: responded

text: that

text: she

text: was

text: unable

text: to

text: provide

text: names

text: of

text: the

text: victims

text: of

text: the

text: alleged

text: helicopter

text: crash

text: The

text: Board

text: found

text: that

text: a

text: search

text: should

text: be

text: conducted

text: to

text: find

text: any

text: relevant

text: records

text: from

text: the

text: alleged

text: time

text: period

text: which

text: might

text: corroborate

text: the

text: Appellant

text: s

text: statement

text: That

text: additional

text: search

text: was

text: conducted

text: following

text: the

text: Remand

text: but

text: no

text: objective

text: corroboration

text: of

text: any

text: alleged

text: stressor

text: has

text: been

text: located

text: The

text: AOJ

text: has

text: complied

text: with

text: the

text: Board

text: s

text: instructions

text: and

text: that

text: the

text: above

text: described

text: actions

text: taken

text: by

text: the

text: RO

text: substantially

text: comply

text: with

text: the

text: Board

text: s

text: remand

text: directives

text: over

text: the

text: course

text: of

text: the

text: three

text: Remands

text: Stegall

text: v

text: West

text: Vet

text: App

text: The

text: Veteran

text: s

text: discussion

text: of

text: the

text: evidence

text: at

text: the

text: hearing

text: before

text: the

text: Board

text: and

text: the

text: focus

text: on

text: the

text: evidence

text: necessary

text: to

text: substantiate

text: the

text: claims

text: demonstrates

text: that

text: the

text: Veteran

text: understood

text: what

text: evidence

text: was

text: still

text: needed

text: C

text: F

text: R

text: Bryant

text: v

text: Shinseki

text: Vet

text: App

text: In

text: any

text: event

text: as

text: noted

text: above

text: additional

text: notice

text: was

text: issued

text: following

text: the

text: Board

text: s

text: and

text: Remands

text: If

text: any

text: notice

text: deficiency

text: remained

text: following

text: the

text: Veteran

text: s

text: hearing

text: that

text: deficiency

text: was

text: addressed

text: in

text: the

text: post

text: hearing

text: communications

text: to

text: the

text: Veteran

text: VA

text: s

text: duties

text: to

text: notify

text: and

text: assist

text: the

text: Veteran

text: have

text: been

text: met

text: ORDER

text: Entitlement

text: to

text: service

text: connection

text: for

text: an

text: acquired

text: psychiatric

text: disorder

text: to

text: include

text: PTSD

text: is

text: denied

text: Tresa

text: M

text: Schlecht

text: Acting

text: Veterans

text: Law

text: Judge

text: Board

text: of

text: Veterans

text: Appeals

text: Department

text: of

text: Veterans

text: Affairs