Citation Nr: 25003572 Decision Date: 03/14/25 Archive Date: 03/14/25 DOCKET NO. 18-24 874 DATE: March 14, 2025 ORDER Service connection for schizoaffective disorder is granted. FINDING OF FACT The Veteran has been diagnosed with schizoaffective disorder, a form of psychosis; resolving all reasonable doubt in favor of the Veteran, symptoms of this condition onset within one year of military separation. CONCLUSION OF LAW The criteria for service connection for schizoaffective disorder have been met. 38?U.S.C. §§?1110, 1116, 5107; 38?C.F.R. §§?3.303, 3.307, 3.309. REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran served on active duty in the United States Army from December 1967 to May 1968. He testified during a February 2021 virtual hearing. A transcript of this proceeding has been associated with the record. Procedurally and in pertinent part, the Board denied this appeal in April 2021. Upon receipt of a Joint Motion for Partial Remand (JMPR), the Court of Appeals for Veterans Claims (Court) vacated the Board's decision and remanded the matter for further review in December 2021. Thereafter, the Board remanded this appeal in May 2022 for additional development which was subsequently completed. See Stegall v. West, 11 Vet. App. 268, 271 (1998). In September 2022, the Veteran requested that an additional hearing be scheduled in this appeal. In July 2023, he submitted a written statement through his representative withdrawing the pending hearing request. 38 C.F.R. § 20.704(d); see also July 2023 Report of General Information. The appeal was again denied by the Board in February 2024. Upon receipt of a Joint Motion for Remand (JMR), the Court again vacated the Board's determination and remanded the matter for further review in August 2024. It is upon this history that the matter now returns to the Board. The Veteran remains in pursuit of direct service connection for an acquired psychiatric disorder at this time. Generally, service connection may be granted directly as a result of disease or injury incurred in service based on nexus using a three-element test: (1) The existence of a current disability; (2) in-service incurrence or aggravation of a disease or injury; and (3) a causal relationship between the present disability and the disease or injury incurred in or aggravated by service. See 38 C.F.R. §§ 3.303(a), (d); Holton v. Shinseki, 557 F.3d 1363, 1366 (Fed. Cir. 2009). In its February 2024 decision, the Board found that the first element of direct service connection was "easily" met in this case: "Throughout the period on appeal, the Veteran has repeatedly been diagnosed with schizoaffective disorder." See February 2024 Board decision, p. 8. Before turning to the questions of in-service incurrence or nexus, the Board notes that presumptive service connection is available: (i) Where a chronic disease or injury is shown in service and subsequent manifestations of the same disease or injury is shown at a later date unless clearly attributable to an intercurrent cause under 38 C.F.R. § 3.309(a); or (ii) where a condition is noted in service but is not chronic or where chronicity may be legitimately question and there are continuity of symptomatology but only for specific chronic diseases listed in 38 C.F.R. § 3.309(a); or (iii) with certain chronic diseases listed in 38 C.F.R. §§ 3.307, 3.309(a) by showing that the disorder manifested itself to a degree of 10 percent or more within one year from the date of separation from service. Psychosis is one such disorder for which presumptive service connection may be awarded, such that the question becomes whether the Veteran demonstrated symptoms of this disorder within one year of military separation. To this point, the Board had been led by the opinions of record to find that the Veteran's schizoaffective disorder (which qualifies as a psychosis for purposes of presumptive service connection) did not have its onset within a year of his active service. Additional evidence now reflects that, while the Veteran was not formally diagnosed with schizoaffective disorder for several years after service, his psychiatric symptoms nevertheless had their onset during service and have persisted since that time. In April 2021 and November 2023, the Board offered a comprehensive review regarding the in-service presence of psychiatric symptoms; the Board sees no merit in repeating these detailed discussions herein. (Continued on next page) Rather, in interpreting the evidence in the light most favorable to the Veteran, it is found that symptoms of his psychosis manifested within one year of military separation. Thus, the appeal is hereby granted on a presumptive basis. Evan M. Deichert Veterans Law Judge Board of Veterans' Appeals Attorney for the Board Kovarovic, Kate 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.