Citation Nr: 21070249
Decision Date: 11/23/21	Archive Date: 11/23/21

DOCKET NO. 16-12 400
DATE: November 23, 2021

REMANDED

Entitlement to service connection for an acquired psychiatric disability is REMANDED.

REASONS FOR REMAND

The Veteran served on active duty in the United States Navy from August 1998 to June 1999.  

Entitlement to service connection for an acquired psychiatric disability is remanded.

In April 2015, the Veteran submitted a VA Form 21-526EZ.  Therein, the Veteran initiated a claim for service connection for an acquired psychiatric disability, claimed as an "emotional condition."

In June 2008, the Veteran's service treatment records (STRs) were associated with the claims file.  During the Veteran's August 1998 Enlistment examination, no psychiatric disabilities were reported or noted.  In the Veteran's May 1999 separation examination report, the military examiner reported "abnormal" under psychiatric.  However, the abnormal designation was for alcohol dependence, and it was noted that the Veteran had failed inpatient treatment for the dependence.  After review of the STRs, the Board observes that the medical records contain numerous notes that indicate that the Veteran endured issues related to alcohol consumption during his period of U.S. Navy service.  

In May 2020, the Board considered the Veteran's claim for service connection for an acquired psychiatric disability.  At that time, the Board found that the probative evidence of record reflected that the Veteran's in-service psychiatric symptoms and treatment were the result of alcohol abuse.  The Board relayed that the Veteran's in-service injury or disease was the result of his own willful misconduct and, therefore, could not be considered to have been in the line of duty.  Ultimately, the Board concluded that the criteria for service connection for an acquired psychiatric disability had not been substantiated.  

In June 2021, the Court of Appeals for Veterans' claims (Court) issued a joint motion for partial remand (JMPR).  Therein, the Court vacated the Board's denial of service connection for an acquired psychiatric disability.  The Court noted that the Board denial did not consider the holding in Martin v. McDonald, 761 F.3d 1366 (Fed. Cir. 2014).   The Court relayed that, in Martin, the Federal Circuit explained that before it can be determined that a claimant's conduct constituted willful misconduct, "[t]he Board must identify conduct; the identified conduct must be misconduct; and the identified misconduct must be willful."  Id. at 1369.  The Court relayed that the Board did not provide the analysis required by Martin before it determined that in-service alcohol use was willful misconduct.

In light of the Court's JMPR, the Board has deliberately reviewed the Veteran's claims file.  Upon review, the Board notes that the Veteran's military personnel records (MPRs) are not associated with the claims file.  Consequently, at this time, the Board is unsure if the Veteran's in-service alcohol consumption resulted in a charge under the Uniform Code of Military Justice or another form of military disciplinary action.  On remand, the agency of original jurisdiction (AOJ) must endeavor to secure the Veteran's MPRs and associate them with the claims file.   

Consequently, the matter is REMANDED to the agency of original jurisdiction (AOJ) for the following action:

1. Obtain the Veteran's complete service personnel records and associate them with his claims file.

2. Thereafter, the AOJ should return the Veteran's claims file to the Board for additional appellate consideration.  

 

 

DAVID L. WIGHT

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	RLBJ, 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.