Citation Nr: 21064976 Decision Date: 10/22/21 Archive Date: 10/22/21 DOCKET NO. 17-57 408 DATE: October 22, 2021 REMANDED Entitlement to service connection for an acquired psychiatric condition, to include schizophrenia-paranoid, is remanded. REASONS FOR REMAND The Veteran service on active duty from May 1966 to April 1968. This matter comes before the Board of Veterans' Appeals (Board) on appeal of a September 2016 rating decision issued by a Regional Office (RO) of the Department of Veterans Affairs (VA). In July 2021, the Veteran presented testimony at a video conference hearing before the undersigned Veterans Law Judge (VLJ). A transcript of the hearing is of record. The Board received this claim in April 2016. The Veteran alleges that the harassment he experienced during active duty is the cause of his current acquired psychiatric disorder of schizophrenia-paranoid. A review of the record indicates the Veteran is receiving benefits from the Social Security Administration (SSA). VA has the duty to acquire a copy of the SSA records, including the decision granting SSA benefits and the supporting medical documentation, if they are relevant. On remand, the RO should attempt to acquire any relevant documents associated with this application for SSA benefits. The Veteran has not undergone a VA examination for this claim. The VA has a duty to assist, which includes providing a medical examination when necessary to make a decision on a claim. 38 C.F.R. § 3.159(c)(4)(i) (2020). In determining whether VA's duty to assist requires a VA medical examination or medical opinion, four factors are for consideration: (1) whether there is competent evidence of a current disability or persistent or recurrent symptoms of a disability; (2) whether there is evidence establishing that an event, injury, or disease occurred in service, or evidence establishing certain diseases manifesting during an applicable presumption period; (3) whether there is an indication that the disability or symptoms may be associated with the veteran's service or with another service-connected disability; and (4) whether there otherwise is sufficient competent medical evidence of record to make a decision on the claim. 38 C.F.R. § 3.159(c)(4) (2020); see McLendon v. Nicholson, 20 Vet. App. 79 (2006). The Board finds that the duty to assist has been triggered by the evidence in the claims file. There is evidence the Veteran has a current disorder of schizophrenia-paranoid, as verified by VA medical records during the period on appeal. Moreover, the Veteran, his sister, and his brother-in-law, at his July 2021 Board hearing testified that he was harassed during service. Military personnel files indicate the Veteran was punished for "lashing out." Yet, they also indicate the Veteran explained that this reaction was due to not receiving a promotion. Their testimony references this incident as evidence of the harassment. Moreover, the Veteran and his relative's hearing testimony was found truthful and credible by the undersigned VLJ. Yet there is no etiology opinion of record. As such, this claim is remanded for a VA examination and an etiology opinion. The matters are REMANDED for the following action: 1. In remanding this case, the Board makes no credibility determination, expressed or implied, at this juncture. 2. Contact the SSA and request a copy of the relevant records in the Veteran's SSA disability benefits file, including relevant medical records, and associate these records received with the claims file. 3. Arrange for the claims file to be reviewed by a suitably qualified health care professional and request that they respond to the question below. After reviewing the record, the examiner is requested to provide the following opinion: (a.) Is it at least as likely as not (i.e., whether it is 50 percent or more probable) that the Veteran has an acquired psychiatric disorder that had its onset during, or is otherwise related to service? In providing this opinion, the Board directs the examiner's attention to the lay statements of record, including the testimony at the July 2021 Board hearing which has been found truthful and credible. The examiner must specifically consider and discuss the Veteran's statements, his relatives', and buddy statements, regarding the Veteran's pertinent medical history of acquired psychiatric issues symptoms. The opinion and rationale should reflect such consideration. The term "at least as likely as not" does not mean within the realm of medical possibility, but rather that the medical evidence both for and against a certain conclusion is so evenly divided that it is as medically sound to find in favor of such a conclusion as it is to find against it. A complete medical rationale for all opinions expressed must be provided. If the examiner cannot provide an opinion without resort to speculation, he or she must provide an explanation as why that is so. In so doing, the examiner should explain whether the inability to provide a more definitive opinion is the result of the need for additional information, or whether he or she has exhausted the limits of current medical knowledge in providing an answer to a particular question. G. A. WASIK Veterans Law Judge Board of Veterans' Appeals Attorney for the Board J. Wade 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.