Citation Nr: 21027899
Decision Date: 05/07/21	Archive Date: 05/07/21

DOCKET NO. 17-45 648
DATE: May 7, 2021

REMANDED

Service connection for the residuals of a traumatic brain injury (TBI).

REASONS FOR REMAND

The Board denied the issue in February 2020. The Veteran appealed to the Veterans Claims Court. In November 2020, the Court Clerk granted a Joint Motion for Partial Remand (JMPR) and returned the case to the Board for further proceedings consistent with the JMPR. To that end, the issue is remanded for an examination to determine whether there is a current diagnosis of a TBI and its etiology.  

The matter is REMANDED for the following actions:

1.  Identify and obtain any outstanding treatment records and associate them with the claims file.

2.   Direct the claims file to a clinician to address a TBI.  The clinician is asked to address the following:

	Does the Veteran have a current diagnosis of a TBI, or the residuals of a TBI, or did he have such a diagnosis at any point during the appeal period?

	The clinician is asked to consider an August 2017 clinical note of a medical history of TBI with a cognitive disorder, a September 2017 assessment of a reported history of TBI, and a February 2019 CT scan showing no acute intracranial abnormality.

	If a TBI is shown, is it as likely as not (a 50 percent or greater probability) related to service?

The examiner should provide full rationales for all opinions rendered. 

3. If the clinician determines that an examination is necessary in order to provide the requested opinions, then one should be scheduled.

 

L. HOWELL

Veterans Law Judge

Board of Veterans' Appeals

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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.