Citation Nr: 21077578 Decision Date: 12/30/21 Archive Date: 12/30/21 DOCKET NO. 15-30 939 DATE: December 30, 2021 REMANDED Entitlement to service connection for an acquired psychiatric disorder, to include schizophrenia, is remanded. REASONS FOR REMAND The Veteran had active service in the United States Air Force from July 1981 to October 1982. Unfortunately, the Veteran died in December 2015. The Appellant is his mother (substituting for him in this appeal). As an initial matter, the Board finds that the Appellant, as the Veteran's mother, has been substituted for the Veteran regarding the claim of entitlement to service connection for schizophrenia. In February 2016, less than a year after the Veteran's December 2015 death, the Appellant filed her VA Form 21-0847, Request for Substitution of Claimant Upon Death of Claimant. The RO's adjudication of accrued benefits claim implicitly recognized the appellant's substitution. 38 U.S.C. § 5121A; 38 C.F.R. § 3.1010(c)(2) (2021). The Appellant was afforded a Board hearing in October 2021 before the undersigned, and a transcript has been associated with the record. The Veteran has claimed entitlement to service connection for schizophrenia, and pursuant to Clemons v. Shinseki, the Board has more broadly recharacterized his claim as one for service connection for an acquired psychiatric disorder, to include schizophrenia. See Clemons v. Shinseki, 23 Vet. App. 1, 5-6 (2009) (finding that a claim for an acquired psychiatric disability includes any mental disability that may reasonably be encompassed by the claimant's description of the claim, reported symptoms, and other information of record). 1. Entitlement to service connection for an acquired psychiatric disorder, to include schizophrenia is remanded. Additional development is needed before the Board can adjudicate the Appellant's claim. First, it appears that there are outstanding VA and private treatment records, which should be requested on remand. Next, although there is a May 2011 VA psychiatric examination, it was based on an incomplete factual record. Further, the examiner concluded that the schizophrenia was not the same as or result of many issues shown during active duty. He opined that it was not possible to separate the effects of substance abuse from the Veteran's psychotic disorder and personality issues, and it could not be concluded that his clinical symptoms and presentation were the same as or the result of his many issues shown during active duty. The examiner then stated that although the Veteran endorsed ongoing psychotic symptoms, his substance abuse and personality difficulties made an assessment of the etiology of his psychosis unclear. The Board finds that this opinion failed to indicate what standard of review was applied and is inconclusive and unclear. When VA undertakes to provide a VA examination or obtain a VA opinion, it must ensure that the examination or opinion is adequate. The matter is REMANDED for the following action: 1. Obtain the Veteran's VA treatment records from the James Haley VA, and any other unassociated VA medical records. 2. Obtain outstanding private treatment records, as identified, and with any additional necessary assistance from the appellant, for: (a) Crises Center in Tampa, Florida, especially as it regards to instances when the Veteran was admitted according to the Baker Act (b) St. Anthony's Hospital, where the Veteran was reportedly twice hospitalized for his mental health (c) Town n' Country Hospital, and (d) Hillsborough Mental Health. 3. After the above record development has been accomplished, obtain a VA psychiatric opinion to determine the nature and etiology of any acquired psychiatric disorder, to include schizophrenia. If the Veteran is diagnosed with a personality disorder and an acquired psychiatric disorder, to include schizophrenia, the examiner must opine whether the acquired psychiatric disorder, to include schizophrenia was at least as likely as not superimposed on a personality disorder during active service and resulted in additional disability. If any other acquired psychiatric disorders are diagnosed, the examiner must opine whether each diagnosed disorder is at least as likely as not related to an in-service injury, event, or disease. To the extent possible, the examiner should reconcile or explain past diagnoses of acquired psychiatric disorder(s) with current findings. For any psychoses diagnosed, the examiner must opine whether the psychoses at least as likely as not (1) began during active service, (2) manifested within one year after discharge from service, or (3) was noted during service with continuity of the same symptomatology since service. A fully articulated medical rationale for any opinion expressed must be set forth in the medical report. H.M. WALKER Veterans Law Judge Board of Veterans' Appeals Attorney for the Board A. Barner, 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.