Citation Nr: 21005903 Decision Date: 02/02/21 Archive Date: 02/02/21 DOCKET NO. 17-56 181A DATE: February 2, 2021 REMANDED Entitlement to service connection for schizophrenia is remanded. REASONS FOR REMAND The Veteran served on active duty from April to December 1984. This appeal to the Board of Veterans’ Appeals (Board) is from an April 2016 rating decision of a Department of Veterans Affairs (VA) Regional Office (RO). The Veteran testified in support of this claim during a hearing before the undersigned Veterans Law Judge (VLJ) in October 2020. A transcript of the hearing is of record. Entitlement to service connection for schizophrenia is remanded. In testimony during the recent hearing, the Veteran maintained that, prior to his service, he had no significant mental health related issues or impairment (i.e., got good grades in high school, was at least a decent student, admittedly was a loner, but had good-earning jobs and even ran his own business).   However, there is a documented June 1983 hospitalization prior to his service. The Veteran testified that he tore down a sign with a chainsaw regarding possible nuclear war (death & destruction owing to what he perceived as communism) so was admitted involuntarily for observation). Therefore, the Veteran’s representative acknowledged there likely was pre-existing mental illness but, nonetheless, believes the Veteran’s military service aggravated it, meaning worsened it beyond its natural progression. As evidence of this, the Veteran and his representative cited a drill instructor’s (sergeant’s) discipline and bizarre behavior change in October 1984 during service resulting in an additional involuntary hospitalization and, ultimately, a premature discharge from the military shortly thereafter, in December 1984, after only about 8 months of service, albeit under honorable conditions. The Veteran testified that he has had recurring mental health issues since service, including legal trouble, with finances, still more hospitalizations, etc. He added that he also has had several jobs so could not maintain steady employment or it was just part time and not of the caliber he had before service. He said he is receiving Social Security Disability (SSD) and that he was able to acquire his current apartment only with assistance (“through the mental health people”). A review of the report of the Veteran’s August 1983 military enlistment examination shows he was not found to have any psychiatric disorder upon his enlistment. However, he has submitted private treatment records from June to July 1983, so prior to his enlistment, confirming he had an inpatient psychiatric hospitalization. And, as a result of that hospitalization, he received a diagnosis of schizophreniform disorder. A further review of the record confirms the Veteran had an additional psychiatric hospitalization in October 1984, so during his service, and was subsequently medically separated from service as short time later, in December 1984, after just 8 months of service. Medical evidence shows the Veteran continues to have an active diagnosis of schizophrenia and has had multiple subsequent psychiatric hospitalizations. As such, a mental status examination and opinion are needed to assist in determining whether the Veteran’s schizophrenia clearly and unmistakably preexisted his service and, if so, whether his service aggravated it. The Board recognizes the attorney’s assertion during the recent hearing that the Veteran’s prior 1985 claim for service connection for schizophrenia was never finalized due to procedural errors, but this can be addressed when readjudicating the claim following the additional development being directed to occur on remand. Accordingly, this claim is REMANDED for the following action: Schedule the Veteran for a VA mental status examination in response to this claim of entitlement to service connection for schizophrenia. The examiner must review the claims file, including a complete copy of this remand. The examiner is asked to provide responses to the following questions: A) Did the Veteran’s schizophrenia clearly and unmistakably (undebatable) preexist his service, including when considering his June 1983 hospitalization prior to his service? B) If the examiner finds the Veteran’s schizophrenia clearly and unmistakably preexisted his service, was it clearly and unmistakably not aggravated by his service – meaning not worsened at all or, if worsened, not beyond the condition’s natural progression – including when considering his additional hospitalization in October 1984, so during his service, and consequent premature discharge a short time later, in December 1984? C) If the examiner finds that the schizophrenia either did not clearly and unmistakably preexist the Veteran’s service, or was not clearly and unmistakably not aggravated by service, the examiner must indicate whether instead it is at least as likely as not related to the Veteran’s service, including, again, when considering his treatment and psychiatric hospitalization during his service. KEITH W. ALLEN Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board K. Pak 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.