Citation Nr: 21031182
Decision Date: 05/20/21	Archive Date: 05/20/21

DOCKET NO. 18-10 881
DATE:   May 20, 2021

REMANDED

Entitlement to service connection for schizophrenia is remanded.

REASONS FOR REMAND

The Veteran served on active duty in the Army from May 1970 to January 1972.

This appeal comes to the Board of Veterans Appeals (Board) from a December 2017 rating decision by a Department of Veterans Affairs (VA) Regional Office (RO).

In August 2020, the Veteran testified at a videoconference hearing before the undersigned, and a transcript of that hearing is of record.

Entitlement to service connection for schizophrenia is remanded.

The Veteran contends that he is entitled to compensation because he should never have been drafted into the Army. Additionally, the Veteran contends that some of his disability stems from fear of dying in combat in Vietnam.

At the Board of Veterans Appeals (Board) hearing in August 2020, the Veteran and his representative pointed out that the Veteran's last mental health evaluation was in 2004, which is corroborated by the record. Arguing that the laws have changed, the Veteran's representative requested that the issue be remanded for a new examination and both direct service connection and aggravation opinions. It was also discussed at the hearing that the Veteran has Social Security records that may need to be updated as well as new VA and possibly private treatment records that need to be added to the file. 

Due to the Veteran's last VA mental health examination being more than seven years old, and other reasons mentioned above, the issue is remanded for further development to include a new VA mental health examination. The Board wants to give the Veteran every chance to develop his claim prior to rendering a decision. 

The matter is REMANDED for the following action:

1. Obtain and associate with the Veteran's claims file all outstanding VA treatment records dated from January 2018 to the present, documenting treatment for the issue on appeal. Also please contact the Veteran or his representative and ask if the Veteran has had any psychiatric treatment outside of VA which is not part of the file. If so ask him to provide copies of treatment records or complete and return release forms and request copies of said documents and add those to the file. If any of the records requested remain unavailable, clearly document the claims file to that effect and notify the Veteran of any inability to obtain these records, in accordance with 38 C.F.R. § 3.159 (e).

2. Obtain the Veteran's federal records from the Social Security Administration.  Document all requests for information as well as all responses in the claims file.

3. After all available records have been associated with the claims file, forward the claims file to an appropriate examiner to determine the nature, onset, and likely etiology of schizophrenia. The claims folder should be made available and reviewed by the examiner. A VA mental health examination should be scheduled with the Veteran. All indicated studies should be performed. 

After reviewing the claims file, the examiner should offer the following opinion:

(a.) Is at least as likely as not (i.e. 50 percent or greater probability) that the Veteran's schizophrenia had its onset directly during service, or is otherwise causally related to any event or circumstance of the Veteran's active service? 

The examiner must provide a comprehensive report including complete rationales for all opinions and conclusions reached, citing the objective medical findings leading to the conclusions.

 

 

H. SEESEL

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	J. Black, 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.