Citation Nr: 20008083 Decision Date: 01/30/20 Archive Date: 01/30/20 DOCKET NO. 04-42 315 DATE: January 30, 2020 ORDER Service connection for an acquired psychiatric disorder, to include schizophrenia and depressive disorder, is granted. FINDING OF FACT The competent and probative evidence shows that the Veteran’s current schizophrenia and depressive disorder are at least as likely as not related to active service. CONCLUSION OF LAW The criteria for service connection for the acquired psychiatric disorders of schizophrenia and depressive disorder have been met. 38 U.S.C. §§ 1110, 5107(b); 38 C.F.R. §§ 3.102, 3.303. REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran had active service from May 1970 to May 1974. This matter came before the Board of Veterans’ Appeals (Board) on appeal from a November 2003 rating decision of a Department of Veterans Affairs (VA) Regional Office (RO). This matter was previously before the Board in May 2018 where it was remanded for an additional VA examination. The Board notes that the Veteran did not attend this examination, and that it was previously remanded for a VA examination where the Veteran did not attend prior scheduled examinations. The Board notes that as the claim for service connection for an acquired psychiatric disorder is being granted below, there is no prejudice to the Veteran. REFERRED The issue of entitlement to a total disability rating for compensation purposes based on individual unemployability due to service connected disabilities (TDIU) was raised in an April 2018 brief from the Veteran’s representative and is referred to the Agency of Original Jurisdiction (AOJ) for adjudication. Service Connection Service connection may be granted for a disability resulting from a disease or injury incurred in or aggravated by active service. 38 U.S.C. § 1110, 38 C.F.R. § 3.303. In order to establish entitlement to service connection, there must be 1) evidence of a current disability; 2) medical, or in certain circumstances, lay evidence of in-service incurrence or aggravation of a disease or injury; and 3) causal connection between the claimed in-service disease or injury and the current disability. Shedden v. Principi, 381 F.3d 1163, 1167 (Fed. Cir. 2004). The Veteran is competent to report symptoms and experiences observable by his senses. See Jandreau v. Nicholson, 492 F.3d 1372, 1377 (Fed. Cir. 2007); 38 C.F.R. § 3.159(a). VA is required to give due consideration to all pertinent medical and lay evidence in evaluating a claim for disability benefits. Davidson v. Shinseki, 581 F.3d 1313, 1316 (Fed Cir. 2009). When there is an approximate balance of positive and negative evidence regarding any issue material to the determination of a matter, VA shall give the benefit of the doubt to the claimant. 38 U.S.C. § 5107(b); 38 C.F.R. § 3.102; Gilbert v. Derwinski, 1 Vet. App. 49, 57–58 (1990). Entitlement to service connection for an acquired psychiatric disorder, to include schizophrenia and major depressive disorder. The Veteran asserts service connection for an acquired psychiatric disorder is warranted. The question for the Board is whether the Veteran has an acquired psychiatric disorder that began during service, or is at least as likely as not related to an in service injury, event, or disease. The Veteran has current diagnoses of schizophrenia and major depressive disorder as noted in an April 2014 examination treatment report. As such, the first element of service connection is met. The Board notes that while service treatment records do not document an acquired psychiatric disorder, military personnel records do document behavior consistent with such a disorder. For example, the Veteran had a history of disobedience of lawful orders during service. Additionally, the Veteran had poor performance. The Veteran underwent a VA examination in April 2014. The examiner provided a negative opinion. However, the Board notes that this opinion was previously found inconsistent, and that the examiner based his conclusions on the lack of documentation of psychosis during service. The Veteran has submitted a private mental health medical opinion. The psychologist provided a positive nexus opinion for the Veteran’s schizophrenia and depressive disorder secondary to schizophrenia. In support, the psychologist notes the Veteran’s military personnel records show a lack of motivation and poor performance. He explained that such records are consistent with prodromes of both psychosis and depression (unconcerned, lacking motivation, no interest, etc.). Additionally, the private psychologist explained that the April 2014 VA examiner’s opinion regarding substance disorder is not consistent with generally accepted diagnostic practices as it was outdated in regard to terminology in the DSM-5. Proper procedure was not followed for speculating about a substance-induced disorder (reviewing a sustained period of sobriety or review of withdrawal). Additionally, he explains that the onset of schizophrenia in males is consistent with the Veteran’s age during service. The Board finds this opinion to have high probative value. The psychologist thoroughly reviewed the Veteran’s medical records, supported his conclusions with appropriate rationale, and supported why he found the prior VA examiner’s opinion to be lacking. For these reasons, the Board finds this opinion to have high probative value, and is entitled to more probative weight than the 2014 opinion. When resolving reasonable doubt in favor of the Veteran, and after review of the competent and probative evidence, the Board finds that service connection for the acquired psychiatric disorders of schizophrenia and depressive disorder is warranted. 38 C.F.R. § 3.102. The Veteran had symptoms of an acquired psychiatric disorder that began in service as noted by the private psychologist. Additionally, there is a positive medical statement that links the Veteran’s disorder to his time in active service, and the Board has found this opinion to have more probative weight than the VA examination report, which has been found to be inconsistent in addition to relying on the lack of in-service documentation of psychosis to support the negative nexus opinion. (Continued on the next page)   As such, the Board finds that service connection for the acquired psychiatric disorders of schizophrenia and depressive disorder is warranted. 38 C.F.R. § 3.303. E. Blowers Acting Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board Garrett Morales, Associate Counsel The Board’s decision in this case is binding only with respect to the instant matter decided. This decision is not precedential, and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.