Citation Nr: 21061270
Decision Date: 10/01/21	Archive Date: 10/01/21

DOCKET NO. 17-15 790
DATE: October 1, 2021

REMANDED

Entitlement to service connection for a traumatic brain injury (TBI) is remanded.

REASONS FOR REMAND

The Veteran served on active duty in the U.S. Navy from July 1999 to December 2003.  This matter comes before the Board of Veterans' Appeals (Board) on appeal from a January 2014 rating decision issued by a Department of Veterans Affairs (VA) Regional Office (RO).

The Veteran was scheduled for a March 2020 videoconference Board hearing.  His representative requested that the Veteran's hearing request be withdrawn.  Thus, the Board hearing request is deemed withdrawn.  See 38 C.F.R. § 20.704.

1. Entitlement to service connection for a traumatic brain injury (TBI) is remanded.

The Veteran contends that his April 2003 TBI occurred in the line of duty and was not the proximate and immediate result of his own willful misconduct due to alcohol intoxication.  A service department Line of Duty (LOD) Determination was conducted in April 2003.  The Veteran's claims file does not contain the LOD determination or investigation records, which are necessary for the Board to make a fully informed decision.  

Remand is required to obtain and associate with the claims file all service personnel records, to specifically include the LOD Determination and any documents concerning the investigation. 

The matter is REMANDED for the following action:

Obtain and associate with the claims file all of the Veteran's service personnel records, to specifically include the LOD Determination and any documents concerning the investigation.  Document all requests for information as well as all responses in the claims file.

 

 

TRACIE N. WESNER

Acting Veterans Law Judge

Board of Veterans' Appeals

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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.