Citation Nr: 9919087 Decision Date: 07/13/99 Archive Date: 07/20/99 DOCKET NO. 94-33 554 ) DATE ) ) On appeal from the Department of Veterans Affairs Regional Office in Philadelphia, Pennsylvania THE ISSUE Entitlement to service connection for an acquired psychiatric disorder. REPRESENTATION Appellant represented by: The American Legion WITNESS AT HEARING ON APPEAL The veteran ATTORNEY FOR THE BOARD M. E. Larkin, Associate Counsel INTRODUCTION The veteran served on active duty from May 1992 to March 1993. This matter was initially before the Board of Veterans' Appeals (Board) on appeal from a June 1994 rating action of the Philadelphia, Pennsylvania Regional Office (RO) of the Department of Veterans Affairs (VA). The veteran submitted a notice of disagreement (NOD) in June 1994 and the RO issued a statement of the case (SOC) in July 1994. The veteran's substantive appeal was received in August 1994. In August 1997, the veteran testified at a personal hearing before the undersigned Board Member, sitting at the RO. A transcript of that hearing is associated with the record. The Board remanded the case in September 1997 for further development. The Board again reviewed the case in February 1999 and determined that it was necessary to obtain an opinion regarding the claimed psychiatric disability from a medical expert with the Veterans Health Administration (VHA). An opinion was rendered and the veteran's representative was provided with a copy of the opinion and afforded an opportunity to respond thereto. FINDINGS OF FACT 1. All relevant evidence necessary for an equitable disposition of the veteran's appeal has been obtained. 2. The veteran is suffering from schizophrenia which was incurred in military service. CONCLUSION OF LAW The veteran's schizophrenia is due to disease or injury which was incurred in service. 38 U.S.C.A. §§ 1110, 5107 (West 1991); 38 C.F.R. § 3.303 (1998). REASONS AND BASES FOR FINDINGS AND CONCLUSION I. Background Service medical records include the report of a February 1992 enlistment examination which was silent for any pertinent defects and noted a normal psychiatric clinical evaluation. The report of a November 1992 Medical Board noted that the veteran had been admitted to the hospital from active duty status, with a diagnosis of psychotic disorder. Following mental status examination, the diagnosis was that of schizophreniform disorder. In March 1993, the veteran was discharged from service and admitted to a VA medical facility for further treatment. A March 1993 discharge summary pertaining to the veteran's four day hospitalization reported a diagnosis of schizophreniform disorder by history. The report of an October 1993 VA examination yielded a diagnosis of schizophreniform disorder, currently in remission. In an April 1994 addendum to that report, the examining psychiatrist noted that he could also have reported the following diagnoses: schizophreniform disorder, resolved or past history of schizophreniform disorder. The report of an August 1994 examination conducted by the Navy for the purpose of determining the veteran's retirement status included the examining psychiatrist's observation that, from a review of the veteran's course of psychiatric illness, "it ha[d] diminished its intensity, but ha[d] continued nonetheless. This means that his illness ha[d] met the duration criterion for schizophrenia." The diagnosis was that of Schizophrenia, Residual type (Single Episode in Partial Remission). The examiner commented that it was "unlikely but possible" that the veteran's illness would improve over time, but "very unlikely" that it would improve within the next year. Thereafter, the veteran was placed on Permanent Disability Retirement from the Navy. Post-service treatment records document VA outpatient treatment and include references to private psychiatric treatment. In the September 1997 remand, the Board had requested that the RO obtain any pertinent treatment records. Despite two attempts by the RO to contact the veteran and request the necessary information, those efforts were unavailing. Notations within the VA treatment reports include a May 1996 entry which noted that the veteran had been advised by his private psychiatrist to contact the VA for treatment. The veteran presented to the VA hospital and reported that he had suffered a "nervous breakdown." It was noted that the veteran was presently taking Haldol and had a previous working diagnosis of schizophreniform disorder and previous successful treatment with Haldol. When the case was again reviewed by the Board in February 1999, it was determined that additional inquiry concerning the medical question central to the case was required prior to appellate disposition. The Board's request for an opinion was sent a psychiatrist within the VA health system. In that opinion, the psychiatrist reviewed the veteran's claims folder and related his pertinent clinical history. The psychiatrist noted that, during service, the veteran had initially been diagnosed with a personality disorder but became acutely psychotic soon after. He was hospitalized at that time and responded to treatment with anti-psychotic medications, including Haldol. The discharge diagnosis was that of schizophreniform disorder. The expert noted that medication was discontinued in December 1993 and the veteran had been followed until June 1994 without medication or psychosis, at which time he was discharged from the clinical services. The veteran next presented for VA treatment in May 1996 after being hospitalized for a nervous breakdown and being treated with Haldol again. The expert noted that there were no subsequent records available for review. In response to the Board's inquiry, the psychiatrist noted that schizophreniform disorder symptoms are identical to schizophrenia except for the total duration of the illness. It was further noted that, following diagnosis of schizophreniform disorder, at least one-quarter of the patients recover to their base line social and vocational status on the resolution of the psychotic episode. The remaining patients, when followed in long-term studies are reclassified as schizophrenia, schizoaffective disorder or Mood Disorder with psychotic features. It was the expert's opinion that: [The veteran] was correctly diagnosed with Schizophreniform disorder (psychosis of longer than 1 month and less than 6 months) and received the proper treatment, including the tapering off the antipsychotic medication after several months of stability. He seemed to have recovered but apparently had another psychotic episode (very little information about this episode except that he was treated with Haldol). The expert noted several possible etiologies of recurrent psychotic episodes, including schizophrenia, substance use, mood disorders, and very severe personality disorders and discussed the possibility of each as they pertained to the veteran. After reviewing the record, and noting no evidence of substance abuse, mood disorder or severe personality disorder, the expert concluded that the most likely diagnosis was that of schizophrenia. The examiner concluded by stating that "the diagnosis of Schizophrenia is the most likely diagnosis which was initially manifested by the Schizophreniform symptoms first noted in service." II. Analysis The Board initially finds that the veteran has presented a well-grounded claim within the meaning of 38 U.S.C.A. § 5107(a) (West 1991). The Board further finds that the matter has been adequately developed for the purpose of appellate review. In general, service connection may be established for a disability resulting from an injury suffered or disease contracted in the line of duty, or for aggravation of a pre- existing injury or disease in the line of duty. 38 U.S.C.A. § 1110 (West 1991). Regulations also provide that service connection may be granted for a disability diagnosed after discharge, when all the evidence, including that pertinent to service, establishes that the disability is due to disease or injury which was incurred in or aggravated by service. 38 C.F.R. § 3.303(d) (1998). The evidence of record documents an in-service onset of schizophreniform disorder and post-service diagnosis of schizophrenia. Central to this appeal is a determination as to whether there is a relationship between the schizophreniform disorder and schizophrenia. The only medical evidence addressing that question is the opinion provided by the expert within VHA who determined that the conditions were related. The Board finds that opinion persuasive as it was offered after a complete review of the entire record as requested by the Board and refers to specific events and medical history to support the analysis. Given that opinion, and the additional evidence of record, notably the August 1994 Naval retirement examination which noted that the veteran's condition had met the duration criterion for schizophrenia and had continued, although diminished in intensity, the Board finds that the veteran's schizophrenia is due to service. Hence, service connection is warranted. ORDER Service connection for schizophrenia is granted. E. M. KRENZER Member, Board of Veterans' Appeals