Citation Nr: 21041989
Decision Date: 07/10/21	Archive Date: 07/10/21

DOCKET NO. 16-03 948
DATE: July 10, 2021

REMANDED

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

Entitlement to service connection for cervical spine or upper back disability is remanded.

REASONS FOR REMAND

The Veteran served on active duty with the U.S. Army from June 2000 to November 2000, from February 2004 to May 2005, and from September 2010 to September 2011. 

He testified at a hearing in February 2019 before the undersigned Veterans Law Judge. 

After reopening the claims, the Board remanded the appeal in May 2019 to obtain outstanding treatment records and addendum opinions addressing etiology.  The opinions were completed in July 2019 and September 2020.

1. Entitlement to service connection for TBI is remanded.

2. Entitlement to service connection for cervical spine or upper back disability is remanded.

Additional VA-generated evidence was received in January 2021, following the appeal's certification to the Board.  As such, a remand is necessary for the AOJ to review new evidence, conduct any necessary development, and provide a supplemental statement of the case (SSOC).  

The matters are REMANDED for the following action:

1. Readjudicate the two issues on appeal.  If the benefit sought it not granted to the Veteran's satisfaction, send the Veteran and his representative an SSOC for each issue and provide an opportunity to respond.  If necessary, return the case to the Board for further appellate review

 

 

H.M. WALKER

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	A. Price, Esq. 

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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.