Citation Nr: 1306170 Decision Date: 02/22/13 Archive Date: 02/27/13 DOCKET NO. 10-04 474 ) DATE ) ) On appeal from the Department of Veterans Affairs Regional Office in Chicago, Illinois THE ISSUE Entitlement to service connection for an acquired psychiatric disability, including schizophrenia. (The issues of validity of a debt resulting from overpayment of pension benefits and waiver of that overpayment are addressed in a separate decision.) REPRESENTATION Appellant represented by: Veterans of Foreign Wars of the United States WITNESS AT HEARING ON APPEAL The Veteran ATTORNEY FOR THE BOARD Bridgid D. Cleary, Counsel INTRODUCTION The Veteran served on active duty from June 1972 to June 1976. This matter has come before the Board of Veterans' Appeals (Board) on appeal from a March 2007 rating decision of the Chicago, Illinois, Department of Veterans Affairs (VA) Regional Office (RO). The Veteran testified at a Travel Board hearing before the undersigned Veterans Law Judge in September 2012. A transcript of the hearing is associated with the claims file. In addition to the paper claims file, there is a Virtual VA paperless claims file associated with the Veteran's claim. These documents were reviewed in conjunction with this appeal. The appeal is REMANDED to the RO via the Appeals Management Center (AMC), in Washington, DC. VA will notify the appellant if further action is required. REMAND In disability compensation claims, the Secretary must provide a VA medical examination when there is (1) competent evidence of a current disability or persistent or recurrent symptoms of a disability, (2) evidence establishing that an event, injury, or disease occurred in service, or establishing certain diseases manifesting during an applicable presumptive period for which the claimant qualifies, and (3) an indication that the disability or persistent or recurrent symptoms of a disability may be associated with the Veteran's service or with another service-connected disability, but (4) there is insufficient competent medical evidence on file for the Secretary to make a decision on the claim. 38 U.S.C.A. § 5103A(d)(2), 38 C.F.R. § 3.159(c)(4)(i). The Veteran is currently diagnosed as schizophrenic. During the pendency of this appeal, the Veteran has stated that he began hearing voices while in service, which caused a drop in his grades and his inappropriate behavior towards confinees. His service personnel records show that he worked in a correctional facility from October 1973 to June 1974. His removal from the position in the correctional facility was recommended due to "immaturity and gross violation of correctional facility regulations," noting that the Veteran had "demonstrated difficulty in handling stressful situations and harassment from confinees." See July 1974 Voiding of Primary MOS Letter. Counseling was ineffective and ultimately "[h]is frustration culminated in an assault on a confinee." See id. A March 1974 psychological consult found that the Veteran's mental status examination was essentially within normal limits, noting that the Veteran was irritated and terse. School records reflect an A in Sociology 101 followed by a C in Sociology 211. The Veteran is not a reliable historian. See e.g., December 1996 Psychiatric Evaluation, March 1999 Discharge/Transfer Summary; see also January 1985 Psychiatric Report for Social Security Administration. The evidence of record is sufficient to trigger VA's duty to provide an examination for his schizophrenia claim. See 38 C.F.R. § 3.326; McLendon v. Nicholson, 20 Vet. App. 79 (2006). Accordingly, the case is REMANDED for the following action: 1. Schedule the Veteran for a VA psychiatric evaluation for the purpose of determining the nature and etiology of any current acquired psychiatric disability. The Veteran's claims file, to include a complete copy of this REMAND, must be provided to the examiner designated to examine the Veteran, and the report of examination should note review of the claims file. The examiner should provide an opinion as to whether it is at least as likely as not (50 percent probability or more) that the Veteran's schizophrenia had its onset in service or is otherwise the result of disease or injury during service. A complete rationale should be provided for any opinion offered. The examiner is asked to specifically address whether the Veteran's in-service disciplinary problems, including the charges of assault against a confinee, or his slipping grades suggest an in-service onset of this disability. For purposes of the examination, the Board does not find that the Veteran is a reliable historian. This opinion should be accompanied by a clear rationale consistent with the evidence of record. 2. After the development requested above has been completed to the extent possible, the RO should again review the record. If any benefit sought on appeal, for which a notice of disagreement has been filed, remains denied, the Veteran and representative should be furnished a supplemental statement of the case and given the opportunity to respond thereto. The appellant has the right to submit additional evidence and argument on the matter or matters the Board has remanded. Kutscherousky v. West, 12 Vet. App. 369 (1999). This claim must be afforded expeditious treatment. The law requires that all claims that are remanded by the Board of Veterans' Appeals or by the United States Court of Appeals for Veterans Claims for additional development or other appropriate action must be handled in an expeditious manner. See 38 U.S.C.A. §§ 5109B, 7112 (West Supp. 2012). _________________________________________________ THOMAS J. DANNAHER Veterans Law Judge, Board of Veterans' Appeals Under 38 U.S.C.A. § 7252 (West 2002), only a decision of the Board of Veterans' Appeals is appealable to the United States Court of Appeals for Veterans Claims. This remand is in the nature of a preliminary order and does not constitute a decision of the Board on the merits of your appeal. 38 C.F.R. § 20.1100(b) (2012).