Citation Nr: 20022082 Decision Date: 03/30/20 Archive Date: 03/30/20 DOCKET NO. 13-22 077A DATE: March 30, 2020 REMANDED Entitlement to an initial rating higher than 70 percent prior to March 1, 2013; higher than 50 percent from March 1, 2013; and higher than 70 percent from July 13, 2018 for posttraumatic stress disorder (PTSD) is remanded. Entitlement to a rating higher than 10 percent prior to July 13, 2018 and in excess of 70 percent thereafter for traumatic brain injury (TBI) is remanded. Entitlement to a total rating based on individual unemployability (TDIU), prior to July 13, 2018, is remanded. REASONS FOR REMAND The Veteran served on active duty from June 2000 through June 2004. This appeal to the Board of Veterans' Appeals (Board) is from February 2012 and April 2014 rating decisions of the Department of Veterans Affairs (VA) Regional Office (RO). In September 2017, the Board denied reopening the service connection claim for bilateral hearing loss and remanded the matters currently on appeal for further development. At that time, the Board noted that the PTSD issue is more appropriately characterized as an appeal of initial staged ratings and that the Veteran’s attorney had withdrawn the prior hearing request. By way of procedural history, the AOJ granted service connection for PTSD with a disability rating of 70 percent, effective July 23, 2010, in a February 2012 rating decision. In an October 2012 rating decision, a reduction of the 70 percent disability rating to 50 percent was proposed. In December 2012, the AOJ effectuated the proposed reduction, effective March 1, 2013. In September 2017, a Board decision recharacterized the issue of the Veteran’s rating reduction as an issue for an initial staged rating. The decision herein adopts the recharacterization of the issue on appeal. While the Veteran’s increased rating claim for PTSD was under appeal, the AOJ issued a January 2020 rating decision increasing the Veteran’s disability rating of 50 percent for his service-connected PTSD to 70 percent disabling, effective July 13, 2018. The Board notes that also in the February 2012 rating decision, the Veteran was awarded a 10 percent rating for TBI, effective July 23, 2010. The Veteran did not file a notice of disagreement with that decision and it became final. The Veteran filed the current claim for an increased rating for TBI in August 2013. In an April 2014 rating decision, the RD denied a disability rating higher than his previously granted 10 percent as the Veteran had not attended his scheduled VA examination to assess his current disability level. In a January 2020 rating decision, the RO granted a 70 percent rating for TBI and a TDIU, effective July 13, 2018. The claims for entitlement to: (1) an initial rating higher than 70 percent prior to March 1, 2013; higher than 50 percent from March 1, 2013, and higher than 70 percent from July 13, 2018, (2) a rating higher than 10 percent for TBI, prior to July 13, 2018, and in excess of 70 percent thereafter, and (3) a TDIU, prior to July 13, 2018, are remanded. The Board previously remanded these matters to, in part, obtain new VA examinations. Although a new TBI VA examination was obtained in July 2018, the Board finds that such examination was inadequate and a new examination must be obtained. The VA examiner left multiple areas where she was required provide explanation and summaries for her findings blank. The VA examiner also provided incorrect and conflicting information. For example, she found no residual conditions for TBI, but the Veteran is service-connected for both PTSD and tinnitus, which are both listed as possible residuals. Furthermore, she found no motor dysfunction residual, but earlier in the VA examination she specifically found motor activity that was mildly decreased or with moderate slowing due to apraxia. The TBI claim is inextricably intertwined with the other issues on appeal. As such, those matters must also be remanded. The matters are REMANDED for the following actions: 1. Obtain any unassociated VA medical records and associate them with the claims file. 2. After completion of the above records development, schedule the Veteran for a VA examination to assess the severity and manifestations of his service-connected TBI. Any and all studies, tests, and evaluations deemed necessary by the examiner should be performed. The examiner is requested to review all pertinent records associated with the claims file and to comment on the severity of the Veteran’s service-connected TBI. The examiner should report all signs and symptoms necessary for rating the Veteran’s TBI. The examiner should include evaluation for each of the aspects that are characteristic of a traumatic brain injury (cognitive, emotional/behavioral, and physical). The examiner should also comment on the Veteran’s ability to function in an occupational environment and describe functional impairment caused solely by the service-connected disabilities To the extent possible, the examiner should provide a retrospective opinion to include the entire time period on appeal (from August 2013) and reconcile any findings that are conflicting with prior VA examination(s). The examiner should provide a complete rationale for all conclusions reached. A. LINDIO Acting Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board N.B. Mmeje, Associate Counsel The Board’s decision in this case is binding only with respect to the instant matter decided. This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.