Citation Nr: 18112167
Decision Date: 06/19/18	Archive Date: 06/18/18

DOCKET NO. 12-27 662
DATE:	June 19, 2018
REMANDED
Entitlement to an initial rating in excess of 10 percent for the period prior to January 15, 2013 and an initial rating in excess of 30 percent for the period since January 15, 2013 for residuals of a traumatic brain injury (TBI), including posttraumatic ocular migraine headaches is remanded.
REASONS FOR REMAND
The Veteran served on active duty from August 2001 to December 2007.
This matter comes before the Board of Veterans’ Appeals (Board) on appeal from August 2012, April 2013 and March 2018 rating decisions of a Department of Veterans Affairs (VA) Regional Office (RO).
In the April 2013 rating decision, the RO increased the rating for the Veteran’s service-connected TBI residuals to an initial 30 percent rating, effective January 15, 2013.  Additionally, the March 2018 rating decision indicated that the Veteran had a separate noncompensable evaluation for TBI, effective February 17, 2017.  Accordingly, the issue of entitlement to an initial rating in excess of 30 percent for the period from January 15, 2013 for a TBI including posttraumatic ocular migraine headaches disability remains in appellate status.  AB v. Brown, 6 Vet. App. 35, 39 (1993).
In November 2016, the Board remanded this issue for additional development.
The Board finds that more development is necessary prior to final adjudication of the claim on appeal.
The Board notes that a remand is necessary due to the submission of additional evidence which requires the issuance of a Supplemental Statement of the Case (SSOC).  Notably, the additional evidence includes voluminous VA treatment records as well as multiple VA examinations that have taken place since the last SSOC issued in February 2017.  The additional evidence submitted since the last SSOC contains pertinent findings related to the Veteran’s claim. 
On remand, the agency of original jurisdiction should issue a new SSOC that considers the evidence received since the February 2017 SSOC.
The matter is REMANDED for the following action:
Issue an SSOC pertaining to the Veteran’s claim. The matters should then be returned to the Board for appropriate appellate review, if otherwise in order.

 
MICHAEL LANE
Veterans Law Judge
Board of Veterans’ Appeals
ATTORNEY FOR THE BOARD	James A. DeFrank, Counsel