Citation Nr: 18136331
Decision Date: 09/18/18	Archive Date: 09/18/18

DOCKET NO. 14-29 377
DATE:	September 18, 2018
REMANDED
Entitlement to service connection for an acquired psychiatric disorder, including schizoaffective disorder is remanded.
REASONS FOR REMAND
The Veteran served on active duty from December 1997 to October 2001.  This matter is on appeal from a July 2012 rating decision.  
1. Entitlement to service connection for an acquired psychiatric disorder, including schizoaffective disorder is remanded.
In May 2012, the Veteran underwent a VA examination during which he was diagnosed with schizoaffective disorder, depressed type.  Despite this diagnosis, the VA examiner did not provide an opinion as to whether the diagnosis is related to the Veteran’s service.  Once VA provides a VA examination, it is required to provide an adequate one, regardless of whether it was legally obligated to provide an examination in the first place. Barr v. Nicholson, 21 Vet. App. 303 (2007). Because of the examiner failed to provide a nexus opinion, an opinion must be obtained.  
The matter is REMANDED for the following action:
1. Return the claims file to the examiner who conducted the Veteran’s May 2012 VA Mental Disorders examination. If the May 2012 VA examiner is no longer available, request that another provider review the record and provide the requested opinions.  A rationale must be provided for each opinion offered.
After review of the record, the examiner is asked to provide the following opinions:
(a)	The examiner should reconcile any previous diagnoses reflected in the record with the findings of the May 2012 VA examination.  See e.g., November 2010 VA treatment record.
(b)	For each valid psychiatric diagnosis of record, including schizoaffective disorder, opine whether it is at least as likely as not (50 percent or greater probability) that the Veteran’s disability, was incurred in or otherwise related to his military service? 
In answering the foregoing, the examiner should consider and address the Veteran’s service and post-service treatment records, as well has his lay statements regarding the onset and nature of his symptoms and disability.  In this regard, the examiner must address the Veteran’s statements that he began hearing voices during service and has continued to hear voices since service.  
(c)	The examiner is also requested to address whether a psychosis was manifested (a) during service, (b) to a compensable degree within the first post-service year or (c) is otherwise related to service. 
For these purposes, “psychosis” includes brief psychotic disorder, delusional disorder, psychotic disorder due to general medical condition, psychotic disorder not otherwise specified, schizoaffective disorder, schizophrenia, schizophreniform disorder, shared psychotic disorder, and substance-induced psychotic disorder.  See 38 C.F.R. § 3.384.

 
R. FEINBERG
Veterans Law Judge
Board of Veterans’ Appeals
ATTORNEY FOR THE BOARD	A.J. Turnipseed, Counsel