Citation Nr: 18153128 Decision Date: 11/27/18 Archive Date: 11/27/18 DOCKET NO. 16-50 903 DATE: November 27, 2018 REMANDED Entitlement to service connection for an acquired psychiatric disorder, to include paranoid schizophrenia, anxiety, and depression, is remanded. REASONS FOR REMAND The Veteran had active service from July 1980 to July 1982. Entitlement to service connection for an acquired psychiatric disorder, to include paranoid schizophrenia, anxiety, and depression, is remanded. The Veteran contends that he has an acquired psychiatric disorder that began during his active service. He also contends that his psychosis is presumptively service connected under 38 C.F.R. § 3.309(a), because it began within one year following separation from active duty. The Board finds there is insufficient evidence upon which to adjudicate this claim and that a remand is necessary. The Veteran stated that he began hearing voices about one year into his active service, but did not seek treatment for this condition. He stated that, because his behavior changed, he was offered either a medical or a general discharge, and that he chose the general discharge to avoid being labeled. He also stated that, about a year after his discharge he robbed a bank, due to his psychiatric condition. The record does not contain documentation of any such in service behavioral problems or of any potential disciplinary actions taken against the Veteran in service leading to his discharge. On his discharge form of record, he was simply listed as having failed to maintain acceptable standards for retention. Further, the record does not contain any indication that the Veteran was incarcerated shortly following his active duty or that he was hospitalized or treated for his psychiatric condition until more than 20 years after his service separation. A remand is therefore necessary to determine whether records exist concerning the Veteran’s behavior problems in service, to include whether he received any disciplinary action during service, and whether during the first year following his discharge there is available evidence of any incarceration shortly after his discharge from service. Also on remand, an attempt should be made to obtain any additional available relevant treatment records. Further, the Veteran has requested a VA examination to show the nature and etiology of his current psychiatric condition. The Board finds that, while its duty to assist may not require VA to provide an examination in this instance, a medical opinion concerning the nature and etiology of the Veteran’s psychiatric condition is necessary to adjudicate this claim. The matter is REMANDED for the following action: 1. After procuring the appropriate release of information forms where necessary, obtain any outstanding treatment records (VA or private) regarding the Veteran’s mental health. Any such available records should be associated with the Veteran’s claims file. 2. Also, obtain the Veteran’s complete service personnel records, to include documentation of any disciplinary action taken against him—as well as enlistment and discharge documents. Document all requests for information as well as all responses in the claims file. 3. After procuring the necessary information and authorizations for release of information from the Veteran, obtain and associate with the claims file documentation of the Veteran’s purported arrest and incarceration for having robbed a bank in or around 1983 (approximately one year after his discharge from service). 4. Then, schedule the Veteran for a VA examination to determine the nature and etiology of an acquired psychiatric disorder, to include paranoid schizophrenia, anxiety, and depression. The claims file and a copy of this remand must be provided to the examiner, and he or she must indicate review of these items in the examination report. The examiner should address the following: a) Identify/diagnose any acquired psychiatric condition that presently exists or that has existed during the appeal period. b) For each psychiatric diagnosis found, the examiner should provide an opinion as to whether it is at least as likely as not (a 50 percent, or greater, likelihood) that the current acquired psychiatric disorder(s) was(were) incurred or aggravated during the Veteran’s service or as a result of an incident during the Veteran’s service. c) For each psychiatric diagnosis found, the examiner should opine as to whether it is at least as likely as not that the current condition is a chronic psychosis that manifested within one year following the Veteran’s service. The examiner should provide a complete explanation for all opinions. If the examiner cannot provide an opinion without resorting to speculation, the examiner should provide an explanation as to why this is so and note what, if any, additional evidence would permit such an opinion to be made. THERESA M. CATINO Veterans Law Judge Board of Veterans’ Appeals ATTORNEY FOR THE BOARD M.E. Lee, Associate Counsel