Citation Nr: 21014894
Decision Date: 03/16/21	Archive Date: 03/16/21

DOCKET NO. 13-27 834
DATE: March 16, 2021

REMANDED

The claim for an acquired psychiatric disability, to include bipolar disorder and schizoaffective disorder, bipolar type, is remanded.

REASONS FOR REMAND

The Veteran served on active duty from November 1988 to April 1992 and from November 2001 to April 2002. 

The claim for service connection for an acquired psychiatric disability was reopened and remanded the claim in June 2020 for additional development.  Unfortunately, additional development is necessary, and the claim must be remanded.

The 2020 decision also remanded the issues of service connection for a left shoulder and left ankle disability.  Both issues were granted in a December 2020 rating decision. As this represents a full grant of the benefits sought on appeal, neither issue will be considered herein.

1. Entitlement to service connection for an acquired psychiatric disability, to include bipolar disorder and schizoaffective disorder, bipolar 

The September 2020 VA opinion, obtained pursuant to the Board remand, addressed the etiology of bipolar disorder. However, VA treatment documented in the record, including an August 2020 VA hospitalization discharge report, includes a diagnosis of schizoaffective disorder, bipolar type. An opinion regarding direct and proximate service connection for this disorder has not been obtained. As such, the Board finds that the claim must be remanded in order to obtain a complete VA opinion. 

All outstanding records of ongoing VA treatment should be obtained and associated with the claims file. 

The matters are REMANDED for the following action:

1. Obtain all outstanding records of ongoing VA treatment.

2.  Schedule the Veteran for a VA examination for his claimed acquired psychiatric disorder.  The examiner must review the claims file.

The examiner is asked to provide a response to the following:

Is an acquired psychiatric disability diagnosed during the pendency of the appeal, to include schizoaffective disorder, bipolar type, at least as likely as not related to service?  

Provide a rationale to support the opinion(s).  

Is an acquired psychiatric disability diagnosed during the pendency of the appeal, to include schizoaffective disorder, bipolar type, at least as likely as not proximately due to a service-connected disability, to include service-connected left shoulder, left ankle, lumbar spine, right lower extremity radiculopathy, and various scars. 

Is an acquired psychiatric disability diagnosed during the pendency of the appeal, to include schizoaffective disorder, bipolar type, at least as likely as not aggravated, i.e., worsened beyond its natural progression, by a service-connected disability, to include service-connected left shoulder, left ankle, lumbar spine, right lower extremity radiculopathy, and various scars?  

 

 

Cynthia M. Bruce

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	A. B., 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.