Citation Nr: 22019211 Decision Date: 03/31/22 Archive Date: 03/31/22 DOCKET NO. 19-25 847 DATE: March 31, 2022 REMANDED Entitlement to service connection for an acquired psychiatric disorder, to include posttraumatic stress disorder (PTSD) and schizoaffective personality disorder, is remanded. Entitlement to service connection for pseudoseizures is remanded. REASONS FOR REMAND The Veteran was a member of the U.S. Army National Guard with periods of active service from January to June 2009 and in April 2012. These matters come to the Board of Veterans' Appeals (Board) on appeal from an August 2017 rating decision by the agency of original jurisdiction (AOJ) of the United States Department of Veterans Affairs (VA). The Veteran testified at a March 2022, hearing before the undersigned via videoconference. This decision is being rendered prior to the production of a transcript; as the claims are remanded for further development, the Veteran is not prejudiced. A transcript will be associated with the claims file at a later date. Further development is required in connection with the claims of service connection for an acquired psychiatric disorder, and service connection for pseudoseizures. The Veteran asserts that he was involved in mixed martial arts while in service. He reported that he fought on behalf of the U.S. Army and was sponsored by U.S. Army and Army National Guard with associated branding. He noted that he participated in recruitment efforts after fights, and that his commanding officer signed a waiver for his participation. The Veteran also reported that he underwent examinations for various state sporting commissions in Georgia, Florida, and Mississippi. Service treatment records that are currently associated with the claims file do not reflect evidence of injury associated with participation in mixed martial arts. The Board also notes that reported in-service waivers and notices of participation or state sporting commission records are not associated with the Veteran's file. Complete service treatment and personnel records, as well as state sporting commission records, must be obtained before the Board can determine whether service connection is warranted for the claimed disabilities that are attributed to U.S. Army National Guard service. Accordingly, these issues must be remanded so that appropriate attempts can be made to obtain and associate such records. The duty to assist requires provision of an examination when there is a current disability, an injury in service, and a possible nexus between them. 38 U.S.C. § 5103A(d); 38 C.F.R. § 3.159(c)(4); McLendon v. Nicholson, 20 Vet. App. 79 (2006). The Veteran contends that his pseudoseizures are due to head trauma from sparring and fights while participating in mixed martial arts while in service. Post-service treatment records document treatment for a seizure disorder. The Veteran has presented sufficient evidence to raise the possibility of a nexus for this claimed disability. Further, while the Veteran has been afforded VA mental disorder examinations, the VA examiners did not address or consider whether the Veteran's claimed acquired psychiatric disorder is due to the Veteran's participation in mixed martial arts. Therefore, VA examinations are warranted to determine the nature and etiologies of the Veteran's claimed acquired psychiatric disorder and pseudoseizures. The matters are REMANDED for the following actions: 1. Ask the Veteran to supply copies of any waivers, orders, or permissions related to his fighting on behalf of or while a member of the Army National Guard. 2. Appropriate efforts should be made to obtain and associate with the case file complete service treatment and personnel records. The AOJ shall certify the duty status for all periods of membership in the Guard, i.e., that are active duty versus ACDUTRA versus INACDUTRA. All actions to obtain the records should be documented. If the records cannot be located or do not exist, a memorandum of unavailability should be associated with the claims file, and the Veteran should be notified and given an opportunity to provide them or any alternative records. 3. Appropriate efforts should be made to contact all appropriate sources in order to obtain and associate with the case file records from the state sporting commissions of Georgia, Florida, and Mississippi. All actions to obtain the records should be documented. If the records cannot be located or do not exist, a memorandum of unavailability should be associated with the claims file, and the Veteran should be notified and given an opportunity to provide them or any alternative records. 4. Schedule the Veteran for a VA examination to ascertain the nature and etiology of the claimed acquired psychiatric disorder; the claims folder must be reviewed in conjunction with the examination. The examiner must identify any current acquired psychiatric disorders. For each diagnosed disability, the examiner must opine as to whether such is at least as likely as not (50 percent probability or greater) caused or aggravated by service, to include as due to service-connected disabilities. A full and complete rationale is required for all opinions expressed. 5. Schedule the Veteran for a VA examination to ascertain the nature and etiology of the claimed pseudoseizures; the claims folder must be reviewed in conjunction with the examination. The examiner must opine as to whether such is at least as likely as not (50 percent probability or greater) caused or aggravated by service, to include as due to service-connected disabilities. A full and complete rationale is required for all opinions expressed. 6. Then, readjudicate the remanded issues. If the benefits sought remains denied, issue a supplemental statement of the case. The case should then be returned to the Board for appellate review if otherwise in order. WILLIAM H. DONNELLY Veterans Law Judge Board of Veterans' Appeals Attorney for the Board G.A. Ong, 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.