Citation Nr: 21071814
Decision Date: 12/01/21	Archive Date: 12/01/21

DOCKET NO. 13-27 500
DATE: December 1, 2021

REMANDED

An increased initial rating in excess of 10 percent for residuals of right brain hemorrhage prior to November 17, 2020.

An increased rating in excess of 70 percent for traumatic brain injury (TBI) with residuals of right brain hemorrhage from November 17, 2020.

An increased initial rating in excess of 10 percent for seizure disorder prior to June 23, 2011, in excess of 20 percent from June 23, 2011, and in excess of 40 percent from February 25, 2013.

 

REASONS FOR REMAND

The Veteran served on active duty from January 1982 to December 2002.

These matters are on appeal from a July 2010 rating decision.  

The Board previously remanded these matters in July 2020.  As the Board noted in its remand, the Veteran in January 2020 withdrew his request for a Board hearing in this matter.  The Board also noted that the Veteran had not responded to a Board inquiry as to an unclear RAMP opt-in.  These facts have not changed since the Board's remand.  

Upon remand, a March 2021 rating decision granted service connection for TBI and combined the rating with residuals of right brain hemorrhage, status post craniotomy, to assign a 70 percent rating effective November 17, 2020.  The issue since that date has been characterized accordingly.  As he was not service-connected for TBI prior to that date, the issue is listed separately.  

1. An increased initial rating in excess of 10 percent for residuals of right brain hemorrhage prior to November 17, 2020.

2. An increased rating in excess of 70 percent for TBI with residuals of right brain hemorrhage from November 17, 2020.

3. An increased initial rating in excess of 10 percent for seizure disorder prior to June 23, 2011, in excess of 20 percent from June 23, 2011, and in excess of 40 percent from February 25, 2013.

Various VA medical records, most recently in July 2017, indicate that the Veteran has been receiving ongoing treatment from a private (non-VA) neurologist for his disabilities.  The VA medical records contain limited information pertaining to the ongoing care for his disabilities.  Hence, these outstanding private treatment records would appear relevant to both remanded disabilities.  A remand is warranted to allow VA to obtain authorization and request these records.

The matters are REMANDED for the following action:

Ask the Veteran to complete a VA Form 21-4142 for any private (non-VA) providers or facilities who have additional medical records, including his treating neurologist(s), such as Dr. Athni.  

Make two requests for any authorized records, unless it is clear after the first request that a second request would be futile.

 

 

RYAN T. KESSEL

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	C. Bosely, 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.