Citation Nr: 21039878
Decision Date: 07/01/21	Archive Date: 07/01/21

DOCKET NO. 17-60 403
DATE: July 1, 2021

REMANDED

Entitlement to an effective date prior to January 30, 2010 for the award of a 100 percent rating for service-connected schizophrenia with alcohol use disorder (also claimed as major depressive disorder and PTSD) is remanded.

REASONS FOR REMAND

The Veteran served on active duty from July 1972 to November 1974 and from November 1974 to September 1975. 

This matter comes before the Board of Veterans' Appeals (Board) on appeal from a September 2016 rating decision of the Department of Veterans Affairs (VA) Regional Office (RO).

1. Entitlement to an effective date prior to January 30, 2010 for the award of a 100 percent rating for service-connected schizophrenia with alcohol use disorder (also claimed as major depressive disorder and PTSD) is remanded.

The Board notes that the Veteran submitted a Fully Developed Claim (FDC) VA 21-526EZ form claiming clear and unmistakable error when March 2015 rating decision denied an effective date prior to January 30, 2010 for service-connected schizophrenia with alcohol use. The Veteran additionally claimed an evaluation greater than 70 percent for his psychiatric disorder. See April 2016 FDC VA 21-526EZ form. Concerning his CUE claim, the Veteran testified in February 2021 that he filed for service connection for a psychiatric disability in 1975 and 1976 at the Oakland AOJ, immediately after separation from active duty, and was informed that he was not entitled to benefits. See Hearing Transcript pg. 6. A final rating decision is subject to revision on the grounds of CUE. In a September 2016 rating decision, the RO only addressed entitlement to an increased evaluation for schizophrenia with alcohol use disorder, granting 100 percent disability rating, effective April 26, 2016, but did not address the Veteran's CUE claim. The Board does not have jurisdiction to address CUE motions that have not been decided by the RO in the first instance. See Jarrell v. Nicholson, 20 Vet. App. 326, 334 (2006) (en banc).

Adjudication of the CUE claim may materially affect a determination of the earlier effective date claim for the 100 percent evaluation for service-connected schizophrenia with alcohol use disorder. Thus, the issue of entitlement to an earlier effective date for 100 percent evaluation for service-connected psychiatric disorder is remanded until the CUE claim is adjudicated. See Harris v. Derwinski, 1 Vet. App. 180 (1991) (two issues are "inextricably intertwined" when they are so closely tied together that a final Board decision on one issue cannot be rendered until the other issue has been considered).

The matters are REMANDED for the following action:

(Continued on the next page)

 

1. Adjudicate the issue of whether the March 2015 rating decision which denied an effective date earlier than January 30, 2010 for service-connected schizophrenia with alcohol use disorder should be revised or reversed on the grounds of CUE. 

2. Then, readjudicate the claim on appeal. If a decision is adverse to the Veteran, issue a supplemental statement of the case, allow appropriate time for response, and return the case to the Board.

 

 

Cynthia M. Bruce

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	Russell, Tangela

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.