Citation Nr: 18146616 Decision Date: 10/31/18 Archive Date: 10/31/18 DOCKET NO. 16-34 421 DATE: October 31, 2018 REMANDED Entitlement to service connection for an acquired psychiatric disorder to include schizoaffective disorder, bipolar disorder, agoraphobia and depression is remanded. REASONS FOR REMAND The Appellant served in the United States Army between October 1976 and November 1976. He was discharged honorably. This matter comes before the Board of Veterans’ Appeals (Board) on appeal from the October 2015 rating decision issued by a Department of Affairs (VA) Regional Office (RO) located in Philadelphia, Pennsylvania. Entitlement to service connection for an acquired psychiatric disorder to include schizoaffective disorder, bipolar disorder, agoraphobia and depression is remanded. The Appellant seeks service connection for an acquired psychiatric disorder. The record includes a history of being diagnosed as having schizoaffective disorder as well as mixed substance dependence. He attributes his psychiatric disorder to physical abuse that he experienced in service. Specifically, he states he was dragged around by his arms during training and locked in a cage against his will. He believes the attack was racially motivated. The Appellant reported the attack to the Army Judge Advocate General (JAG). The perpetrators allegedly threatened to kill the Veteran if he did not leave the military. Service records document active service for approximately one month. The Appellant was released due to marginal or non-productive performance. There are no documented complaints, treatment, or diagnosis of any psychiatric disorder or an injury to the arm resulting from an assault. There are multiple references to the Appellant being treated for left arm and side pain related to physical activity, and that these problems were related to a stab injury that occurred prior to service. That said, the Appellant’s report that he incurred some level of physical abuse in service is deemed competent and credible. There is a notation in the service treatment records of there being a contusion and edema of the left arm. There are also references from the Appellant as early as 1978 of the assault. He has been consistent in these reports. Such lends some degree to his report of being in an altercation. The allegation of being locked in a cage is not conceded, however. The Appellant has not been afforded a VA medical examination. He has a history of psychiatric diagnoses and a credible report of being assaulted/abused during basic training, The record also contains lay evidence indicating the Veteran’s psychiatric disorders may be related to his in-service injury. The Board finds that VA’s duty to provide the Appellant with a VA examination has been triggered. The matter is REMANDED for the following action: Schedule the Appellant for a VA examination to address the nature and etiology of any diagnosed psychiatric disorder. Following review of the claims file, an examination, and consideration of the lay evidence, the examiner should address the following questions: a. Identify/diagnose any acquired psychiatric disorder that presently exists or that has existed during the pendency of the appeal. Any conflict in diagnoses should reconciled. b. For each diagnosed acquired psychiatric disorder, the examiner must opine whether it is at least as likely as not that the disorder had its onset in service or within a year of service discharge or is otherwise etiologically related to the Appellant’s active service, to include the episode of abuse that he describes. A complete, well-reasoned rationale must be provided for any opinion offered. If any requested opinion cannot be rendered without resorting to speculation, the examiner must state whether the need to speculate is caused by a deficiency in the state of general medical knowledge, i.e., no one could respond given medical science and the known facts, or by a deficiency in the record or the examiner, i.e., additional facts are required, or the examiner does not have the needed knowledge or training. MICHAEL A. HERMAN Veterans Law Judge Board of Veterans’ Appeals ATTORNEY FOR THE BOARD M. Mahmoudi, Associate Counsel