Citation Nr: 18155269
Decision Date: 12/04/18	Archive Date: 12/03/18

DOCKET NO. 16-56 312
DATE:	December 4, 2018
REMANDED
Entitlement to an initial rating in excess of 10 percent for service-connected traumatic brain injury (TBI) is remanded.
REASONS FOR REMAND
The Veteran had active service from January 1983 to April 1984.
His most recent examination to assess the nature and severity of his service-connected TBI was in June 2016.  That examiner noted that the Veteran did not have any complaints of impairment of memory, attention, concentration, or executive functions; had normal judgment; had routinely appropriate social interaction; was oriented to person, time, place, and situation; had normal motor activity; and normal visual spatial orientation.  His neurobehavioral effects included irritation, anger, and isolation.  He was able to communicate by spoken and written language and demonstrated a normal consciousness.  Subsequently, in a November 2016 letter refuting many of the findings of the June 2016 examination report, the Veteran indicated that he often forgot important dates, had trouble remembering people’s names, and struggled to stay focused due to a lack of concentration.  He said he experienced trouble sleeping.  He further noted that he had anger issues that interfered with his interactions with people and that he was moody.  Finally, he said that he struggled with motor activity insofar as he was always bumping into things.
Given the Veteran’s reported symptomatology, the Board finds that a more contemporaneous examination is needed to fully and fairly evaluate the claim for a higher rating.
The matter is REMANDED for the following action:
1. Obtain VA treatment records dated from August 2015.
2. Schedule the Veteran for a VA examination to determine the current nature and severity of his service-connected TBI.  Any indicated evaluations, studies, and tests should be conducted.
In addressing the nature and severity of all current manifestations of the Veteran’s service-connected TBI, the examiner should take into consideration all evidence of record, to include any medical records, the Veteran’s lay statements (to specifically include the statements made in the Veteran’s November 2016 statement), accepted medical principles, and objective medical findings.  All examination findings/testing results, along with a complete, clearly-stated rationale for any opinion offered, must be provided.





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3. Thereafter, and after any further development deemed necessary, readjudicate the issue on appeal.  If the benefit sought on appeal is not granted, the Veteran and his representative should be provided with a supplemental statement of the case and afforded the appropriate opportunity to respond.  Thereafter, the case should be returned to the Board for further appellate consideration, if otherwise in order.
 
V. Chiappetta
Veterans Law Judge
Board of Veterans’ Appeals
ATTORNEY FOR THE BOARD	Polly Johnson, Associate Counsel