Citation Nr: 18145416
Decision Date: 10/29/18	Archive Date: 10/29/18

DOCKET NO. 14-39 964
DATE:	October 29, 2018
ORDER
The October 2018 Board decision reopening the claim for service connection for schizophrenia is vacated.
FINDINGS OF FACT
1. On October 01, 2018, the Board issued a decision that granted the reopening of the claim for service connection for schizophrenia. 
2. The Board improperly granted the reopening of the claim of service connection for schizophrenia and such grant was internally inconsistent with the October 2018 decision’s Reasons and Bases as well as Conclusion of Law.
CONCLUSION OF LAW
To the extent that the October 01, 2018 Board decision granted the reopening of the claim for service connection for schizophrenia, that decision is vacated. 38 U.S.C. § 7104 (a); 38 C.F.R. § 20.904. 
REASONS AND BASES FOR FINDINGS AND CONCLUSION
The Veteran served on active duty from November 1971 to February 1972. This matter is on appeal from a March 2014 rating decision.  
The severance of service connection for schizophrenia was confirmed by the Board in a decision of March 1982 and which time it was determined that the rating decision of May 1973 was clearly and unmistakably erroneous. The Board found that the Veteran’s psychosis was not the result of any injury or disease incurred in or aggravated by service and that he did not serve for 90 days and the presumption did not apply. The Veteran attempted to reopen his claim for connection for schizophrenia, and in January 2009, the RO denied his request to reopen the claim. He did not file an appeal and the decision became final.  
The Veteran filed a new claim and a March 2014 rating decision denied the reopening of the claim. The Veteran perfected a substantive appeal to the Board.
On October 01, 2018, the Board granted the reopening of the claim for entitlement to service connection for schizophrenia. As will be explained below, the October 2018 Board decision is vacated.  
1. Whether vacatur of the Board of Appeals’ October 01, 2018 decision allowing reopening of the claim for entitlement to service connection for schizophrenia is appropriate.
The Board may vacate an appellate decision at any time upon request of the appellant or his or her representative, or on the Board’s own motion, when an appellant has been denied due process of law or when benefits were allowed based on false or fraudulent evidence. 38 U.S.C. § 7104 (a); 38 C.F.R. § 20.904.
In the case, the Board is vacating the previous appellate decision on its own motion. The October 2018 Board decision ordered the reopening of the claim for service connection for schizophrenia, indicating that new and material evidence had been submitted. However, the Conclusion of Law and Reasons and Bases sections both indicate that new and material evidence had not been submitted and that reopening the claim for service connection for schizophrenia was not warranted. 
Therefore, the October 2018 decision was internally inconsistent and consequently created ambiguity as to the correct disposition of the Veteran’s claim. As a result, the Board finds that this ambiguity deprived the Veteran of due process, and vacatur of the prior Board decision is warranted. See 38 C.F.R. § 20.904 
Accordingly, the October 2018 decision granting the reopening of the claim of entitlement to service connection for schizophrenia is vacated.
 
MARJORIE A. AUER
Veterans Law Judge
Board of Veterans’ Appeals
ATTORNEY FOR THE BOARD	T. Davis, Associate Counsel