07-16 179, 07-16 179

Veteran served active duty Jun 1999–Sep 2001; separated for misconduct. Enlistment and separation mental-status exams were largely normal, though separation report noted frequent trouble sleeping and depression/excessive worry and the examiner discussed possible depression and treatment.
First documented psychotic hospitalization and schizophrenia diagnosis occurred in late 2004 (≈3 years post‑separation); SSA found disability as of Nov 29, 2004 for paranoid schizophrenia.
Records show post‑service treatment and multiple psychiatric diagnoses (schizophrenia, schizoaffective disorder, depression with psychotic features) and substance use (marijuana) with episodes of medication noncompliance and exacerbations through 2015.
VA provided a March 2011 examination and a July 2016 addendum opinion; Board found the 2016 VA psychologist’s opinion competent and persuasive on schizophrenia etiology but noted it did not address depression etiology.
Procedural posture: appeal to the Board from a March 2006 RO denial; Board previously remanded (2011, 2013) and concluded VA substantially complied with remand instructions.

Issue	Veteran's Argument	VA/Defendant's Argument	Held
Service connection for schizophrenia	Schizophrenia began in service (reported symptoms during service; first hearing voices in 2000; claims of continuous symptoms)	STRs show no in‑service diagnosis or treatment; first psychosis documented in 2004; 2016 VA opinion: in‑service symptoms nonspecific and schizophrenia more likely post‑service, with substance use and three‑year gap	Denied — preponderance of evidence against nexus; chronic‑disease presumption not met; benefit of doubt not applied
Service connection for depression	Depression began in service (reported depressive symptoms at separation; recurrent since)	2011 VA examiner opined no depressive disorder but without rationale; other records document depression post‑service and in VA treatment	Granted — Board found credible in‑service depressive symptoms and ongoing diagnosis; no intervening cause; resolved doubt in veteran’s favor for direct service connection

Clemons v. Shinseki, 23 Vet. App. 1 (per curiam) (scope of psychiatric claim may include reasonably encompassed conditions)
Stegall v. West, 11 Vet. App. 268 (remand confers right to compliance with remand orders)
D'Aries v. Peake, 22 Vet. App. 97 (substantial vs. strict compliance with remand)
Bernard v. Brown, 4 Vet. App. 384 (VA duty to assist and development standard)
Barr v. Nicholson, 21 Vet. App. 303 (adequacy of VA medical examinations and need for rationale)
Brammer v. Derwinski, 3 Vet. App. 223 (existence of a present disability required for service connection)
Shedden v. Principi, 381 F.3d 1163 (Fed. Cir.) (service connection elements articulated)
Caluza v. Brown, 7 Vet. App. 498 (requirements for medical opinions and probative value)
Jandreau v. Nicholson, 492 F.3d 1372 (Fed. Cir.) (lay evidence competency limits)
Maxson v. Gober, 230 F.3d 1330 (Fed. Cir.) (weight given to lengthy absence of medical complaints)