Citation Nr: A25035404 Decision Date: 04/17/25 Archive Date: 04/17/25 DOCKET NO. 240626-450851 DATE: April 17, 2025 REMANDED Entitlement to service connection for an acquired psychiatric disorder to include posttraumatic stress disorder (PTSD), major depressive disorder, and schizophrenia is remanded. Entitlement to a total disability rating based on individual unemployability (TDIU) is remanded. REASONS FOR REMAND The Veteran served on active duty from October 2007 to March 2008. In October 2022, the Veteran submitted a VA Form 20-0996, Decision Review Request: Higher-Level Review (HLR), and requested review of a September 2022 decision denying service connection for PTSD. In December 2023, the agency of original jurisdiction (AOJ) issued the HLR decision on appeal. Although the Veteran initially requested Higher-Level Review when submitting the October 2022 VA Form 20-0996, Decision Review Request: Higher-Level Review, the Higher-Level Reviewer determined that there had been a duty to assist error and transferred the claim to the Supplemental Claim decision review option for additional development. In the June 2024 VA Form 10182, Decision Review Request: Board Appeal (Notice of Disagreement), the Veteran elected the Direct Review docket. Therefore, the Board may only consider the evidence of record at the time of the December 2023 agency of original jurisdiction (AOJ) supplemental claim decision on appeal. 38 C.F.R. § 20.301. If evidence was submitted after the AOJ issued the supplemental claim decision on appeal, the Board did not consider it in its decision. 38 C.F.R. §§ 20.300, 20.301, 20.801. However, because the Board is remanding the claims of entitlement to service connection for an acquired psychiatric disorder and TDIU, any evidence the Board could not consider will be considered by the AOJ in the adjudication of those claims. 38 C.F.R. § 3.103(c)(2)(ii). The Board notes that the Veteran's claims file includes evidence of other mental health diagnoses, to include depression and schizophrenia. Claims for service connection for PTSD encompass claims for service connection for all psychiatric disabilities that are reasonably raised by the record. Clemons v. Shinseki, 23 Vet. App. 1 (2009). Therefore, the Board has expanded and recharacterized the issue as entitlement to service connection for PTSD, major depressive disorder, and schizophrenia. Entitlement to service connection for an acquired psychiatric disorder to include posttraumatic stress disorder, major depressive disorder, and schizophrenia is remanded. Entitlement to individual unemployability is remanded. A private medical opinion was associated with the record in June 2022. The private examiner opined that the Veteran has schizophrenia which "manifest while he was on active duty." See June 2022 Private Examination. The AOJ failed to obtain a VA medical opinion as to schizophrenia after receipt of the June 2022 private examination. The Board finds that further development of the Veteran's claim is warranted, as the evidence of record is insufficient to make a fully informed decision. The AOJ made a pre-decisional duty to assist error. The Board notes that the Veteran was scheduled for an examination for his PTSD for which he no-showed, and good cause was not shown. Nonetheless, a VA medical opinion addressing schizophrenia should have been obtained, with or without the Veteran's cooperation, as the claims file contains a private nexus opinion. A remand is warranted for correction of this error. Further, the Veteran contends he unable to secure or follow substantially gainful employment as a result of his psychiatric condition. As the issue of TDIU is inextricably intertwined with service connection for a psychiatric disorder this claim too must be remanded. See Harris v. Derwinski, 1 Vet. App. 180, 183 (1991) (where a claim is inextricably intertwined with another claim, the claims must be adjudicated together in order to enter a final decision on the matter). The matters are REMANDED for the following action: Provide the Veteran's claims file to an appropriate clinician. The examiner must review the entire claims file including this remand. The examiner is asked to respond to the following: Whether the Veteran's schizophrenia clearly and unmistakably preexisted service and clearly and unmistakably was NOT aggravated by service. Separately, the examiner is requested to provide an opinion whether it is at least as likely as not (at least an approximate balance of positive and negative evidence) that a claimed psychiatric condition is otherwise etiologically related to service. A complete rationale should be given for all opinions and conclusions expressed. A. C. MACKENZIE Veterans Law Judge Board of Veterans' Appeals Attorney for the Board R. Osborne, 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.