Citation Nr: 20008167 Decision Date: 01/30/20 Archive Date: 01/30/20 DOCKET NO. 16-60 217 DATE: January 30, 2020 REMANDED Entitlement to service connection for an acquired psychiatric disorder to include but not be limited to schizoaffective disorder is remanded. REASONS FOR REMAND The Veteran served honorably in the Navy from July 1973 to June 1975. This matter comes before the Board of Veterans’ Appeals (Board) from a January 2015 rating decision by the Regional Office (RO) of Veterans Affairs (VA) that denied service connection for schizoaffective disorder (claimed as a mental health condition). In light of the Court’s decision in Clemons v. Shinseki, 23 Vet. App. 1, 5 (2009), the Board has re-characterized the psychiatric issue on appeal as entitlement to service connection for an acquired psychiatric disorder to include but not be limited to schizoaffective disorder. The Veteran was afforded a Board Hearing in November 2019. The transcript is of record. Entitlement to service connection for an acquired psychiatric disorder, to include schizoaffective disorder, is remanded. In disability compensation claims VA must provide a medical examination when The Veteran has a diagnosis of schizoaffective disorder as well as diagnoses for dementia, depression, bipolar, psychosis and anxiety. See January 2003 Fargo, December 2015 Fargo, and November 2019 Board Hearing. The Veteran asserts that towards the end of service, he was sick all the time and was continuously seeking treatment. See November 2019 Board Hearing. His service treatment records (STR) indicate he received treatment for sore throat and nasal congestion in March 1974, November 1974, and December 1974. STRs from May 1975 indicate he was experience congestion for 6 months. The Veteran asserts that he saw a private physician who recommended going to the hospital as his throat was almost swelled shut. He further maintains that the private physician told him that because he had the illness for so long, his system was poisoned, and he ran the risk of developing psychiatric problems in the future. See November 2019 Board Hearing. The Veteran has provided articles to support his contentions. See November 2019 Correspondence. There is insufficient medical evidence on file, as there is no nexus opinion that addresses the Veteran contentions. The Board is not capable of rendering a medical opinion. See Colvin v. Derwinski, 1 Vet. App. 171, 175 (1998) As the Veteran meets the criteria for McLendon v. Nicholson, 20 Vet. App. 79, 81 (2006), the Board must afford the Veteran a VA examination. The matters are REMANDED for the following action: 1. Schedule the Veteran for a psychological examination, preferably with a neuropsychiatrist or appropriate specialist, to determine the nature and etiology of any acquired psychiatric disorder to include schizoaffective disorder. If a neuropsychologist is not available, such should be stated with an explanation as to why. The examiner must be provided with a copy of this remand, as well as access to the electronic claims file. The examiner is asked to address the following: (a) The examiner must clearly identify each psychiatric disorder found to be present. (b) For any diagnosed acquired psychiatric disorders, the examiner must state whether it is at least as likely as not that the disorder had its (1) onset in service, (2) had its onset within a year of service discharge, or (3) is otherwise related to the Veteran’s active service. The examiner must address the Veteran’s assertion that his prolonged illness (infections) in service his caused or contributed to the development of his current psychiatric disorder. In doing so, the health letters/articles presented by the Veteran should be discussed. MICHAEL A. HERMAN Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board S. Smith, 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.