Citation Nr: 21074046 Decision Date: 12/14/21 Archive Date: 12/14/21 DOCKET NO. 17-48 234A DATE: December 14, 2021 ORDER Service connection for an acquired psychiatric disability is granted. Service connection for posttraumatic stress disorder (PTSD) is denied. REMANDED A total disability rating based on individual unemployability (TDIU) is remanded. FINDINGS OF FACT 1. Resolving reasonable doubt in the Veteran's favor, his diagnosed schizophrenia is related to his military service. 2. The evidence does not reflect a diagnosis of PTSD. CONCLUSIONS OF LAW 1. The criteria for service connection for schizophrenia are met. 38 U.S.C. §§ 1110, 5107; 38 C.F.R. §§ 3.102, 3.303. 2. The criteria for service connection for PTSD are not met. 38 U.S.C. §§ 1110, 5107; 38 C.F.R. §§ 3.102, 3.303, 3.304. REASONS AND BASES FOR FINDINGS AND CONCLUSIONS The Veteran served from May 2003 to May 2007. This appeal stems from a June 2015 rating decision that denied claims for service connection for depression with psychosis and PTSD and a December 2017 rating decision that denied a TDIU. The Veteran was scheduled for a virtual hearing in December 2020; however, he failed to show. Therefore, the Board will proceed with adjudicating the appeal. Given that the medical evidence contains multiple psychiatric diagnoses, the Board has recharacterized the claim on appeal to entitlement to service connection for an acquired psychiatric disorder. Clemons v. Shinseki, 23 Vet. App. 1 (2009). In September 2020, the Veteran requested that his claim be advanced on the docket due to a lack of financial resources and because the Veteran was facing eviction. The Board grants the motion to advance this matter on the docket. 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, 5107; 38 C.F.R. § 3.303. The three-element test for service connection requires evidence of: (1) a current disability; (2) in-service incurrence or aggravation of a disease or injury; and (3) a causal relationship between the current disability and the in-service disease or injury. Shedden v. Principi, 381 F.3d 1163, 1166-67 (Fed. Cir. 2004). Acquired psychiatric disorder Medical records show that the Veteran has been diagnosed with a variety of psychiatric disabilities, including schizophrenia. The first element for service connection is met. Turning to the second element, in-service incurrence, service treatment records show that the Veteran rarely sought mental health treatment; however, in April 2007, he did report little interest or pleasure in doing things, some feelings of depression, hopelessness, and feeling down. He also reported feeling on guard, detached from others, activities, and his surroundings. The Board finds this evidence sufficient to satisfy the second element. Regarding the third element, nexus, the pertinent evidence consists of an April 2016 statement from M.C., a board-certified VA nurse practitioner in psychiatric/mental health, and a December 2018 evaluation report from Dr. J.L. In her 2016 statement M.C. opined, after reviewing the Veteran's chart of the last 10 years, that his current diagnosis of schizophrenia was "definitely service connected." She noted that after his second deployment the Veteran began isolating, had mood changes, and exhibited paranoid behaviors. Dr. J.L. likewise opined, after evaluation and review of pertinent records including service treatment records, that it was more likely than not that the Veteran has suffered from schizophrenia since his Army service. The clinician stated that the Veteran's in-service symptoms were more likely than not "part of the prodromal phase of schizophrenia onset." (emphasis in original). The Board notes that there is no evidence contradicting these opinions. Therefore, the Board finds that all three elements have been met and that service connection for schizophrenia is warranted. The Board notes, however, that the record is void of any opinion connecting any other diagnosed psychiatric disorder, including depression with psychosis, to service. Thus, service connection for these disabilities is not warranted. PTSD In addition to the regulations cited above, service connection for PTSD requires medical evidence diagnosing the condition in accordance with 38 C.F.R. § 4.125(a); a link, established by medical evidence, between current symptoms and an in-service stressor; and credible supporting evidence that the in-service stressor occurred. 38 C.F.R. § 3.304(f). The evidence of record does not show that the Veteran has been diagnosed with PTSD, Indeed, VA examiners in May 2015 and December 2017 determined, after clinical evaluations, that the Veteran did not have PTSD. The Board finds that the preponderance of the evidence weighs against a finding that there is any current diagnosis of PTSD. Therefore, as the preponderance evidence is against a finding of a current disability, the threshold requirement for substantiating a claim for service connection has not been met. Brammer v. Derwinski, 3 Vet. App. 223 (1992). As the preponderance of the evidence is against a finding of any current disability of PTSD, the claim for service connection must be denied. Gilbert v. Derwinski, 1 Vet. App. 49 (1990); 38 U.S.C. § 5107; 38 C.F.R. § 3.102. REASONS FOR REMAND TDIU Given the grant of service connection above, the claim for TDIU must be reassessed following the assignment of a disability rating for schizophrenia. (Continued on the next page) The matter is REMANDED for the following action: After implementing the grant of service connection for schizophrenia and assigning a disability rating, readjudicate the claim for TDIU. JOHN Z. JONES Veterans Law Judge Board of Veterans' Appeals Attorney for the Board P. Chalker, 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.