Citation Nr: 18145180 Decision Date: 10/30/18 Archive Date: 10/26/18 DOCKET NO. 11-24 538 DATE: October 30, 2018 REMANDED Entitlement to service connection for an acquired psychiatric disorder, to include schizophrenia is remanded. Entitlement to a total disability rating based upon individual unemployability due to service-connected disabilities (TDIU) is remanded. REASONS FOR REMAND The Veteran had active service from June 1980 to June 1984. In September 2017, the Board remanded the issue of entitlement to service connection for degenerative joint disease of the thoracolumbar spine. Then, in a rating decision in September 2018 the Regional Office (RO) granted service connection for degenerative joint disease of the thoracolumbar spine. Thus, this issue is no longer in appellate status. Issue 1-2: Entitlement to service connection for an acquired psychiatric disorder, to include schizophrenia; and, entitlement to a TDIU. In August 2018 the Veteran was afforded a VA examination for mental disorders to determine the nature and etiology of his acquired psychiatric disorder. At that time, the examiner provided diagnoses of schizoaffective disorder bipolar type, alcohol use disorder (noting that the Veteran cut back on drinking alcohol many years ago and that at present it was not affecting his psychiatric condition), and cocaine use disorder in remission. However, the examiner’s unfavorable opinion relating the Veteran’s schizoaffective disorder solely to alcohol abuse during service is inadequate as the examiner acknowledged that service treatment records could not be located indicating treatment for mood or psychotic disorder. Further, service treatment records show that the Veteran in February 1982 was irritable and upset for no particular reason. On an April 1982 report of medical history, the Veteran checked the box indicating that he had depression or excessive worry. As noted on the June 2010 VA examination, the Veteran was involved in fights during service and treated in April 1981 for multiple contusions. During the June 2010 VA examination, the Veteran indicated that his auditory hallucinations began during service in the early 1980s but were never fully documented. Notably, a VA examiner in August 2012 opined that it was difficult to determine the onset of the Veteran’s schizophrenia and that the Veteran would need to be evaluated by an examiner with access to his full military records. The Board also notes that compensation shall not be paid if a disability is the result of the Veteran’s own willful misconduct as a result of abuse of alcohol or drugs. 38 C.F.R. § 3.301. However, an appellant can recover if he or she is able to establish adequately that the alcohol or drug abuse disability is secondary to or is caused by the primary service-connected disorder. Allen v. Principi, 237 F.3d 1368, 1381 (Fed. Cir. 2001). On remand, if the examiner determines that the Veteran has a psychiatric disorder that is related to service, then he or she should opine as to whether the Veteran’s alcohol use disorder and cocaine use disorder, currently in remission, were caused or aggravated by the psychiatric disorder. As for the issue of entitlement to a TDIU, it is intertwined with the claim of entitlement to service connection for an acquired psychiatric disorder being remanded herein. Explicit adjudication of the intertwined issue is needed prior to adjudication of the claim of entitlement to TDIU. Harris v. Derwinski, 1 Vet. App. 180, 183 (1991). The matters are REMANDED for the following action: 1. Schedule the Veteran for a VA psychiatric examination to determine the current nature and likely etiology of his psychiatric disorder. All tests deemed necessary, including psychological testing, should be performed and all findings should be reported in detail. After reviewing the claims folder and examining the Veteran the examiner specifically must: a.) Offer an opinion as to whether any diagnosed psychiatric disorder, to include the Veteran’s schizoaffective disorder bipolar type, is at least as likely as not (i.e., there is a 50 percent or greater probability) related to service. b.) In rendering this opinion, the examiner must consider the following service records: service treatment records that show in February 1982 the Veteran was irritable and upset for no particular reason; service treatment records that show on the April 1982 report of medical history that the Veteran checked the box indicating that he had depression or excessive worry; service treatment records that show the Veteran was involved in fights and treated in April 1981 for multiple contusions; and, service personnel records that show on multiple occasions that the Veteran was subject to disciplinary action including a January 1982 evaluation for unstable temperament. c.) The examiner should also discuss the Veteran’s report on the June 2010 VA examination that his auditory hallucinations began during service in the early 1980s. d.) If the examiner determines that the Veteran’s schizoaffective disorder is related to service the examiner should opine whether it (a) caused, or (b) aggravated (worsened), the alcohol use disorder (currently in remission) and cocaine use disorder in remission. 2. After completing the development above, readjudicate the claims on appeal. THERESA M. CATINO Veterans Law Judge Board of Veterans’ Appeals ATTORNEY FOR THE BOARD M. Mac, Counsel