Citation Nr: 21005038
Decision Date: 01/28/21	Archive Date: 01/28/21

DOCKET NO. 12-35 496
DATE: January 28, 2021

REMANDED

Entitlement to a rating in excess of 10 percent for residuals of traumatic brain injury (TBI) is remanded.

Entitlement to a compensable rating for migraines is remanded.

REASONS FOR REMAND

The Veteran served on active duty from February 1961 to May 1981.

This matter comes before the Board of Veterans’ Appeals(Board) on appeal from a January 2010 rating decision of the VA Regional Office (RO).

This matter was remanded in July 2017 and January 2019 for additional development. 

1. Entitlement to a rating in excess of 10 percent for residuals of a TBI is remanded.

2. Entitlement to a compensable rating for migraines is remanded.

In a November 2020 letter, the Board notified the Veteran that additional evidence that was relevant to his claim had been received that the RO had not yet considered.  The letter notified the Veteran that they had 45 days from the date of the letter to respond. If no response was received within the 45 days, the Board would assume that the Veteran did not wish to have the Board decide the appeal at this time, and it would be remanded to the RO.  No response was received.  Accordingly, remand is required for RO consideration.

The matters are REMANDED for the following action:

Issue an SSOC regarding the issues on appeal, to include consideration of all evidence submitted after the August 2020 SSOC.

 

 

K. Millikan

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	J. Dworkin, 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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.