Citation Nr: 21030391
Decision Date: 05/18/21	Archive Date: 05/18/21

DOCKET NO. 16-35 143A
DATE: May 18, 2021

REMANDED

Entitlement to service connection for schizophrenia, paranoid type, is remanded.

REASONS FOR REMAND

Following his application to reopen his previously denied claim, the Board reopened the claim in 2019 and remanded it to the Agency of Original Jurisdiction (AOJ) in 2019 for additional development. See 10/07/2019 BVA Decision. The Veteran died in October 2020 with his appeal pending. See 02/09/2021 Death Certificate. Hence, the Board dismissed the appeal without prejudice. See 12/16/2020 BVA Decision. The appellant is the Veteran's surviving spouse. Pursuant to her application, the AOJ granted her Substitution in the Veteran's stead. See 02/17/2021 Notification. Service connection for schizophrenia is the only appeal the Veteran had pending at the time of his death.

Entitlement to service connection for schizophrenia, paranoid type, is remanded.

The AOJ arranged a medical review of the Veteran's claims file. The examination report (11/06/2019 C&P Exam, 1st Entry) reflects that the clinician opined that it was not at least as likely as not that the Veteran's currently diagnosed schizophrenia was causally connected to his active duty training (ADT), as he had a pre-service history of hospitalization for the disorder and, in the absence of evidence of a specific in-service stressor, it was not aggravated by his brief period of ADT. Hence, the evidence of record showed a natural progression of his schizophrenia. Id.

In addition to other assertions, the appellant's representative points out that the VA clinician did not apply the correct standard of clear and unmistakable evidence or point to specific clear and unmistakable evidence in the record to support the opinion rendered. See 10/27/2020 Third Party Correspondence, P. 2.

Although the AOJ provided the correct legal standard for the clinician to apply in forming and rendering an opinion, see 10/16/2019 VA 21-2507a, the Board agrees with the representative that the examination report does not indicate that the correct standard was applied. Hence, clarification is needed.

The matters are REMANDED for the following action:

Send the claims file to the clinician who reviewed the file and provided the November 2019 opinion. Ask the clinician to provide an addendum wherein he opines whether there is clear and unmistakable evidence that the Veteran's schizophrenia (which unmistakably existed prior to his ADT) did not increase in severity during his ADT; or if there was an increase in severity, whether any increase in severity was clearly and unmistakably due to the natural progression of the schizophrenia.

Inform the clinician that clear and unmistakable evidence is evidence that it is undebatable. Inform the clinician further that any medical studies noted in treatises, etc., must be applied to the Veteran's individual case. These requirements must be incorporated in the clinician's rationale for any opinion rendered.

If the clinician who conducted the November 2019 examination and provided the nexus opinion is no longer available, send the claims file to an equally qualified clinician for review and an opinion under the correct legal standard.

 

 

S. Merrick

Acting Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	W. T. Snyder

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.