Citation Nr: 18156688 Decision Date: 12/11/18 Archive Date: 12/10/18 DOCKET NO. 16-62 171 DATE: December 11, 2018 REMANDED Entitlement to a compensable initial disability rating for traumatic brain injury is remanded. Entitlement to a disability rating higher than 10 percent for right knee, narrowing of medial joint space, is remanded. REASONS FOR REMAND The Veteran had active duty from August 1979 through August 1982. The Veteran testified during an August 2017 video conference hearing. The Veterans Law Judge who presided over that hearing is no longer employed at the Board. The Veteran was given the option of requesting a new hearing before a current Board member; however, he has declined a new hearing. 1. VA treatment records. The Veteran testified during the August 2017 Board hearing that he has received ongoing TBI and right knee treatment at the VA Medical Center (VAMC) in Columbia, South Carolina. VA treatment records obtained to date pertain only to treatment received by the Veteran through February 2014. Accordingly, VA must undertake efforts to obtain the records for VA treatment received by the Veteran since February 2014. 38 C.F.R. § 3.159 (c)(2) (2017). 2. TBI examination. The Veteran was afforded a TBI examination in June 2013. At that time, the examining clinician diagnosed TBI that was attributable to head trauma sustained by the Veteran during service. The clinician opined, however, that the Veteran's TBI was not productive of significant symptoms or functional impairment and that any observed cognitive and functional impairment was likely due to other factors such as stress and difficulty hearing due to hearing loss. Since that time, the Veteran has testified during the August 2017 Board hearing that he has experienced chronic symptoms that he believes are associated with his TBI, including: chronic headaches; short-term memory loss; depression and crying spells; loss of concentration and focus; impaired ability to speak; frequently losing his train of thought mid-speech; fatigue; nervousness; difficulty with balance; sleepwalking; and episodes of loss of consciousness. The Veteran's testimony is supported by separate testimony received from his spouse, who attests that she has observed those symptoms and functional difficulties. The testimony presented by the Veteran and his spouse suggest that the symptomatology and impairment associated with the Veteran's TBI have changed and worsened. As such, the Veteran should be afforded a new TBI examination to determine the current severity of his TBI symptoms and the degree of any resulting functional impairment. 38 C.F.R. § 3.159 (c)(4) (2017). 3. Right knee examination. The Veteran was also afforded a right knee examination in June 2013. During his Board hearing, he also testified that the symptoms associated with his right knee disability have worsened and that he now has difficulty performing functions that require him to bend his knee. The Veteran's Board hearing testimony suggests also that the symptoms and impairment associated with his right knee have changed and worsened since the June 2013 examination. Accordingly, he should also be afforded a new right knee examination to determine the current severity of the symptoms in his knee and the degree of any resulting functional impairment. 38 C.F.R. § 3.159 (c)(4) (2017). The matters are REMANDED for the following action: 1. The Veteran should be asked whether he has additional evidence pertaining to his TBI and/or right knee disability. Records for relevant VA treatment received by the Veteran since February 2014 should be associated with the record. If such records are not available, such unavailability should be documented in the record. The Veteran and his representative should be notified of unsuccessful efforts in order to allow them the opportunity to obtain and submit those records for VA review. 2. Thereafter, schedule the Veteran for a TBI examination to determine the severity of symptoms and functional impairment associated with the Veteran's service-connected TBI. The examiner should conduct all necessary tests and studies. The claims file should be reviewed in conjunction with the examination. 3. Thereafter, schedule the Veteran for a right knee examination to determine the severity of symptoms and functional impairment associated with the Veteran's service-connected right knee disability. The examiner should conduct all necessary tests and studies. The claims file should be reviewed in conjunction with the examination. 4. After completion of the above development, the issues on appeal should be readjudicated. If the determination remains adverse to the Veteran, he and his representative should be furnished with a SSOC and be given an opportunity to respond. DONNIE R. HACHEY Veterans Law Judge Board of Veterans’ Appeals ATTORNEY FOR THE BOARD D.S. Lee, Counsel