Citation Nr: 21030616 Decision Date: 05/19/21 Archive Date: 05/19/21 DOCKET NO. 15-42 502A DATE: May 19, 2021 REMANDED Entitlement to service connection for an acquired psychiatric disorder, to include schizophrenia or other psychosis and depressive disorder, is remanded. REASONS FOR REMAND The Veteran had two periods of active duty for training (ACDUTRA) with the United States Marine Corps Reserves (USMCR) from May 1996 to August 1996 and from June 1997 to August 1997. This matter comes before the Board of Veterans' Appeals (Board) on appeal from a July 2013 rating decision of the Department of Veterans Affairs (VA) Regional Office (RO), which denied service connection for schizophrenia. In February 2014 the Veteran filed a notice of disagreement (NOD) and in November 2015 the RO issued a statement of the case (SOC). In December 2015 the Veteran filed a substantive appeal (via VA Form 9). In April 2019 the Board remanded the Veteran's claim for further evidentiary development, specifically, to schedule the Veteran for a VA examination to determine the etiology of his acquired psychiatric disability. As will be discussed below, the RO did not substantially comply with the April 2019 remand instructions and another remand is required. Stegall v. West, 11 Vet. App. 268 (1998) (a remand confers upon the claimant, as a matter of law, the right to compliance with the remand directives). As a final preliminary matter, in Clemons v. Shinseki, 23 Vet. App. 1, 4-5 (2009), the Court held that a claim should not be limited to the disorder as characterized by the Veteran, but must be characterized and addressed based on the reasonable expectations of the non-expert claimant and the evidence in processing the claim. Although the Veteran originally filed a claim for service connection for schizophrenia, the Board will broaden the Veteran's claim and consider all psychiatric diagnoses raised by the record. The Veteran has been diagnosed with schizophrenia, psychosis, and depressive disorder. As schizophrenia is a type of psychosis, the Board has characterized the issue accordingly. See 38 C.F.R. § 3.384(f) (including schizophrenia on the list of psychoses). Entitlement to service connection for an acquired psychiatric disorder, to include schizophrenia, psychosis, and depressive disorder, is remanded. An April 2020 VA psychiatrist opined that the Veteran's acquired psychiatric disorder, to include schizophrenia, was at least as likely as not incurred in or caused by the claimed in service injury, event, or illness. However, the VA psychiatrist based his opinion on inaccurate service dates. In an addendum opinion, the VA psychiatrist stated that the Veteran's mental disorder was less likely than not the result of a service-related injury. The VA psychiatrist did not provide a rationale and his opinion is therefore entitled to no probative weight. See Nieves-Rodriguez v. Peake, 22 Vet. App. 295, 304 (2008) (most of the probative value of a medical opinion comes from its reasoning). Also, the VA psychiatrist did not address the March 2019 informal hearing presentation (IHP) in which it was pointed out that the Veteran's mother observed him exhibiting unusual behavior following service such as wearing his military uniform around the house and stockpiling weapons in his vehicle. The Veteran's mother sent his medical records to the USMCR and he was medically discharged as a result. Therefore, another remand is warranted to provide an adequate opinion that addresses these lay statements. See Barr v. Nicholson, 21 Vet. App. 303, 312 (2007) (when VA undertakes to provide an examination or obtain a medical opinion, it must ensure that the examination or opinion is adequate). Additionally, on a June 2020 VA Statement in Support of Claim (VA Form 21-4138) the Veteran stated that he has an additional period of active duty that took place in Panama in June 1998 which is where his condition began. Currently, the Veteran's service personnel records reflect that he last served during a period of ACDUTRA from June 1997 to August 1997. Therefore, a remand is warranted to undertake all necessary development to attempt to verify the Veteran's service dates. The matters are REMANDED for the following action: 1. Undertake appropriate action, to include obtaining any outstanding service personnel records, contacting the U.S. Army and Joint Services Records Research Center (JSRRC), the National Archives, and/or any other appropriate entity to attempt to verify the Veteran's service dates in the USMCR (to include in Panama in June 1998). 2. Request an opinion from a psychiatrist regarding the nature and etiology of the Veteran's acquired psychiatric disorder, to include schizophrenia or other psychosis and depressive disorder and related symptoms. If an examination is required, one should be conducted, to include via telehealth if appropriate. The psychiatrist should indicate whether it is at least as likely as not (a 50 percent or greater probability) that the Veteran's acquired psychiatric disorder, to include schizophrenia or other psychosis, and depressive disorder or any related symptoms, are due to his military service, had its onset during service (or within the one year presumptive period for any psychosis), or is otherwise related to service. The clinician is advised that the Veteran is competent to report symptoms, treatment, and injuries, and that his reports must be considered in formulating the requested opinion. Jonathan Hager Veterans Law Judge Board of Veterans' Appeals Attorney for the Board James R. Miller, 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.