Citation Nr: 18144622 Decision Date: 10/25/18 Archive Date: 10/24/18 DOCKET NO. 15-22 291 DATE: October 25, 2018 ORDER Entitlement to service connection for an acquired psychiatric disorder, diagnosed as schizophrenia and unspecified mild neurocognitive disorder, is granted. REMANDED Entitlement to the restoration of competency status for the purposes of handling VA benefit payments is remanded. Entitlement to service connection for glaucoma is remanded. Entitlement to an increased rating for head scar is remanded. Entitlement to a rating in excess of 70 percent for TBI is remanded. Entitlement to a rating in excess of 30 for headaches is remanded. Entitlement to special monthly compensation based on the need for aid and attendance of another person or by reason of being housebound is remanded. Entitlement to total disability rating due to individual unemployability based on service-connected disabilities (TDIU) is remanded. FINDING OF FACT The Veteran’s current psychiatric disorders are due at least in part to his in-service head injury or the residuals of that injury. CONCLUSION OF LAW The criteria for entitlement to service connection for an acquired psychiatric disorder have been satisfied. 38 U.S.C. §§ 1110, 1131, 5107; 38 C.F.R. § 3.303. REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran served on active duty in the United States Army from May 1966 to March 1970. This matter comes before the Board of Veterans’ Appeals (Board) on appeal from rating decisions from the Department of Veterans Affairs (VA) Regional Office (RO). The Veteran previously submitted a claim of entitlement to service connection for a psychiatric disorder which was last denied in a July 1976 rating decision on the basis that the psychiatric was not related to service. This rating decision became final because the Veteran did not submit a Notice of Disagreement or new evidence in connection within the appeal period. See 38 C.F.R. § 3.156(b). The RO denied reopening this claim in January 1991, June 1994 and December 1994. In connection with his claim to reopen, VA received positive nexus opinions upon which service connection is now being granted. Thus, the Board finds that new and material evidence has been received sufficient to reopen his previously denied claims. 38 C.F.R. § 3.156(a); Shade v. Shinseki, 24 Vet. App. 110, 117-18 (2010); Justus v. Principi, 3 Vet. App. 510, 513 (1992). Service Connection for Psychiatric Disorder The Board finds that service connection for an acquired psychiatric disorder, diagnosed as schizophrenia and unspecified mild neurocognitive disorder, is warranted. The Veteran has a current diagnosis of schizophrenia and unspecified mild neurocognitive disorder. See August 2012 and December 2014 VA Examination Reports; August 2014 Disability Benefits Questionnaire. He is currently service connected for the residuals of a TBI that occurred during service. Significantly, multiple VA examiners and a private licensed psychologist have opinioned that the Veteran’s psychiatric disabilities are due to his head injury in service and/or his service-connected residuals of that injury. See August 2012 and February 2015 VA Examination Reports; see also August 2014 Private Medical Opinion. The Board finds these opinions highly probative as they contain clear conclusions with supporting data and a reasoned medical explanation connecting the two. See Nieves-Rodriguez v. Peake, 22 Vet. App. 295, 301 (2008). Thus, all three elements necessary to establish service connection have been met. See 38 C.F.R. § 3.303. REMANDED ISSUES The RO must assign the initial rating for the Veteran’s psychiatric disorder in the first instance. See 38 U.S.C. § 7104 (a). The assignment of an initial rating may affect the Veteran’s claims, as does the fact that the Veteran’s psychiatric disorder is not service connected. Thus, the claims should be remanded as inextricably intertwined with the RO’s adjudication of the initial rating to be assigned for the psych disability. See Harris v. Derwinski, 1 Vet. App. 180, 183 (1991). The evidence of record also suggests that the Veteran’s disabilities have worsened since the most recent examinations. The Veteran should be provided an opportunity to report for a VA examination to ascertain the current severity and manifestations of his disabilities. The matters are REMANDED for the following action: 1. Obtain all outstanding VA medical records and ask the Veteran to provide authorizations for any private medical records he would like considered in connection with his appeal. 2. Schedule the Veteran for an examination by an appropriate clinician to determine the current severity of his service-connected disabilities. The examiner should provide a full description of the disability and report all signs and symptoms necessary for evaluating the Veteran’s disability under the rating criteria. 3. After assigning the initial rating for the Veteran’s psychiatric disorder, readjudicate the remanded claims. STEVEN D. REISS Veterans Law Judge Board of Veterans’ Appeals ATTORNEY FOR THE BOARD Tracie N. Wesner, Counsel