Citation Nr: 21032760
Decision Date: 05/27/21	Archive Date: 05/27/21

DOCKET NO. 16-38 464
DATE: May 27, 2021

REMANDED

Service connection for psychiatric disability, to include schizophrenia, is remanded. 

REASONS FOR REMAND

The Veteran served active duty from January 1978 to March 1978.

In July 2020, the United States Court of Appeals for Veterans Claims (Court) vacated a December 2018 Board decision and remanded the above matter for adjudication consistent with the instructions outlined in the Joint Motion for Remand (JMR) by the parties.

Service connection for psychiatric disability, to include schizophrenia

The July 2020 JMR found the Board failed to comply with its duty to assist the Veteran in obtaining his complete service records. The JMR stated the Veteran contended VA was missing some of his records and specifically reported he was physically examined at the Armed Forces entrance station in Detroit, Michigan in December 1975. The Veteran stated this examination prevented him from enlisting in the Navy due to his schizophrenia. The claims file does not reflect VA made any efforts to obtain these records. The RO should take the appropriate steps to obtain these service records, unless it concludes the records sought do not exist or that further efforts to obtain the records would be futile. 38 C.F.R. § 3.159(c)(2).

The matters are REMANDED for the following action:

Attempt to obtain the Veteran's reported missing service records. Specifically, a December 1975 Naval enlistment examination performed at the Armed Forces entrance station in Detroit, Michigan. The Veteran reported he was denied enlistment at that time due to schizophrenia.

Document all requests and responses for the records in the claims file. If it is concluded the records sought do not exist or that further efforts to obtain those records would be futile, it should be documented in the claims file. 

 

 

KELLI A. KORDICH

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	T. Winkler, 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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.