Citation Nr: 18141483 Decision Date: 10/10/18 Archive Date: 10/10/18 DOCKET NO. 16-30 707 DATE: October 10, 2018 ORDER The application to reopen the claim of entitlement to service connection schizophrenia and depression is granted. REMANDED Entitlement to service connection for an acquired psychiatric disorder, to include depression and schizophrenia, is remanded. Entitlement to service connection for sleep apnea is remanded. FINDING OF FACT The evidence received since February 1986 and June 2009 rating decisions denying service connection for schizophrenia and depression, respectively, relates to the establishment of a nexus between an acquired psychiatric disorder and service. CONCLUSION OF LAW Evidence received since the February 1986 and June 2009 rating decisions is new and material and the claim is reopened. 38 U.S.C. §§ 5108, 7105; 38 C.F.R. §§ 3.156, 20.1103 (2017). REASONS AND BASES FOR FINDING AND CONCLUSION New and Material Evidence Unappealed rating decisions by the RO are final with the exception that a claim may be reopened by submission of new and material evidence. 38 U.S.C. §§ 5108, 7105(c); 38 C.F.R. § 3.156. When a claimant seeks to reopen a claim based on new evidence, VA must first determine whether the additional evidence is “new” and “material.” Smith v. West, 12 Vet. App. 312 (1999). The appellant seeks to reopen service connection for an acquired psychiatric disorder. See October 2013 claim. In February 1986, the RO denied a claim for service connection for a nervous condition; at that time, the evidence indicated that the Veteran had been diagnosed with schizophrenia only. The Veteran did not receive notice of this rating decision until June 2008. See February 2010 statement of the case. Although the Veteran timely appealed, and a statement of the case was issued in February 2010, he did not perfect this appeal. Accordingly, the rating decision denying service connection for schizophrenia became final. In June 2009, the RO separately denied a claim of entitlement to service connection for depression. See January 2009 claim for depression. Although notified of denial in a letter dated from the same month, the Veteran did not timely appeal, and the rating decision became final. In October 2013, the Veteran submitted a claim for service connection for “mental health conditions.” Hence, it appears he is attempting to reopen both the February 1986 rating decision denying schizophrenia, as well as the June 2009 rating decision addressing depression. The evidence of record received since the February 1986 and June 2009 rating decisions includes a February 2017 opinion from a private psychologist concluding that the Veteran’s schizophrenia began in service. The Veteran has also submitted a November 2014 lay statement from his sister indicating that although the Veteran entered service without any apparent mental health issues, when he returned he appeared to be, inter alia, depressed. As both pieces of evidence pertain to the nexus requirement which was lacking in both rating decisions, the Board finds that the evidence is new and material and the claim is reopened. REASONS FOR REMAND As to an acquired psychiatric disorder, in light of the evidence discussed above, and given the low threshold for obtaining a VA etiological examination, the Board finds that one should be obtained on remand. See 38 U.S.C. § 5103A(d); McLendon v. Nicholson, 20 Vet. App. 79, 81 (2006). In addition, a December 2008 VA treatment record suggests that the Veteran has been receiving Social Security disability benefits since 1981. Any such outstanding records may be relevant to the appeal and should be obtained on remand. Since VA treatment records were most recently associated with the claims file in June 2015, any such outstanding records should also be obtained. The matter is REMANDED for the following action: 1. Associate with the claims file all outstanding VA treatment records, to include those dated from June 2015 to the present associated with the Gulf Coast Veterans Health Care System. 2. Contact the Social Security Administration and obtain all records associated with any claim for disability benefits. 3. Thereafter, schedule the Veteran for a VA examination to address to the etiology of any acquired psychiatric disorder, to include depression and schizophrenia. All necessary tests should be conducted. The claims file must be sent to the examiner for review. The examiner should first diagnose all current acquired psychiatric disorders extant during the pendency of the claim or proximate thereto. Then, for each disorder, the examiner should indicate whether it is at least as likely as not (50 percent probability or more) that it is related to or had its onset during the Veteran’s period of active duty service. A complete rationale should accompany any opinion provided. 4. After completion of the above, readjudicate the claims. If any benefit requested on appeal is not granted to the Veteran’s satisfaction, the appellant and his representative should be furnished a supplemental statement of the case, and provided an opportunity to respond. The case should then be returned to the Board for further appellate consideration, if in order. GAYLE STROMMEN Veterans Law Judge Board of Veterans’ Appeals ATTORNEY FOR THE BOARD Matthew Schlickenmaier, Counsel