Citation Nr: A21018151 Decision Date: 11/12/21 Archive Date: 11/12/21 DOCKET NO. 210127-134952 DATE: November 12, 2021 REMANDED Entitlement to service connection for schizoaffective disorder is remanded. REASONS FOR REMAND The Veteran had active-duty service from September 1960 to June 1965. The Veteran asserts that his schizoaffective disorder is due to his active-duty service. In July 2020, the Veteran submitted a VA Form 20-0996, Decision Review Request: Higher-Level Review (HLR), and requested review of an August 2019 rating decision. In December 2020, the agency of original jurisdiction (AOJ) issued the HLR decision on appeal, which considered the evidence of record at the time of the prior August 2019 rating decision. In January 2021, the Veteran submitted a VA Form 10182, Decision Review Request: Board Appeal and elected the Hearing docket. A July 2021 notification advised him that a hearing was scheduled for September 2, 2021. The Veteran did not appear for the scheduled Board hearing and he has not offered an explanation or requested another hearing. Therefore, the Board may only consider the evidence of record at the time of the December 2020 AOJ rating decision on appeal, as well as any evidence submitted by the Veteran or his representative within 90 days following the date of the scheduled hearing. 38 C.F.R. § 20.302 (c). Entitlement to service connection for schizoaffective disorder is remanded. The Veteran asserts that his schizoaffective disorder is due to his active service. Unfortunately, the appeal must be remanded, as the medical opinions of record are insufficient to decide the claim. The Veteran had a VA examination for mental disorders in March 2019. The examiner was incorrectly informed that the Veteran's schizoaffective disorder was already service-connected, and that purpose of the examination was to evaluate the severity of disorder. Addendum opinions were provided in May 2019, July 2019 and August 2019; however, they either lack an adequate rationale or rely on the absence of medical evidence. The Veteran submitted an opinion received in January 2019 from a VA psychologist stating that his schizoaffective disorder was "likely exacerbated" by his service, however the legal standard is whether his schizoaffective disorder is due to his service. There is no indication that the disability pre-existed service. Further, it does not appear that the psychologist reviewed the records in the Veteran's claims file. The foregoing constitutes pre-decisional duty to assist errors. Barr v. Nicholson, 21 Vet. App. 303 (2007) (Once VA undertakes the effort to provide an examination when developing a claim, even if not statutorily obligated to do so, VA must ensure that the examination provided is adequate.) The matter is REMANDED for the following action: Please note, this appeal has been advanced on the Board's docket. Expedited handling is required. Obtain an addendum opinion regarding whether the Veteran's schizoaffective disorder is related to his service. The examiner must review the claims file and this Remand. The examiner must indicate that they have reviewed the claims file and the Veteran's lay statements and have taken into account the evidence of record. The examiner is asked to provide a response to the following: Is it at least as likely as not that the schizoaffective disorder (1) began during active service, (2) psychosis manifested within one year of discharge from service, or (3) was noted during service with continuity of the same symptomatology since service? Why or why not? Provide full rationales to support the opinions. Jennifer White Veterans Law Judge Board of Veterans' Appeals Attorney for the Board Susan Leary 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.