Citation Nr: 18139837
Decision Date: 10/01/18	Archive Date: 10/01/18

DOCKET NO. 16-32 726
DATE:	October 1, 2018
REMANDED
Entitlement to service connection for a traumatic brain injury (TBI) is remanded.
REASONS FOR REMAND
The appellant is a Veteran who served on active duty from January 1968 to December 1969.  This matter comes before the Board of Veterans’ Appeals (Board) on appeal from a March 2014 rating decision.  In October 2016 a Travel Board hearing was held before the undersigned; a transcript is in the record.
Entitlement to service connection for a TBI is remanded.
At the October 2016 Travel Board hearing, the Veteran testified that during the 1970’s after he returned from service he received treatment for headaches from a private physician.  Records of such treatment are pertinent evidence in this matter that is outstanding, and must be secured.  The Board also finds that further development of the record is necessary to comply with VA’s duty to assist the Veteran in the development of facts pertinent to his claim.  VA treatment records have been added to the record since the June 2016 statement of the case (SOC).  The Veteran’s representative did not waive Agency of Original Jurisdiction (AOJ) initial consideration of the new evidence, and a supplemental SOC was not issued.  The AOJ will have opportunity to consider the additional records on remand.
The matter is REMANDED for the following:
1. Ask the Veteran to identify the provider(s) of all evaluations and treatment he received for headaches/TBI since his separation from service, particularly in the 1970’s, and to provide the authorizations necessary for VA to secure all private records of the evaluations and treatment.  Secure for the record complete clinical records of the evaluations and treatment from all providers identified.  If any such records are unavailable, the reason for their unavailability must be noted in the record, and the Veteran should be so advised.
2. Then review the entire record (specifically including the submissions for the record prior to this remand which were not addressed in a SSOC, and records received pursuant to the development sought above), and readjudicate the claim.  If the benefit sought remains denied, the issue an appropriate SSOC, afford the Veteran and his representative opportunity to respond, and return the case to the Board.
 
GEORGE R. SENYK
Veterans Law Judge
Board of Veterans’ Appeals
ATTORNEY FOR THE BOARD	J. Bayles, Associate Counsel