Citation Nr: 21042746
Decision Date: 07/13/21	Archive Date: 07/13/21

DOCKET NO. 15-18 523A
DATE: July 13, 2021

REMANDED

The claim of entitlement to a disability rating in excess of 10 percent for traumatic brain injury residuals (TBI) is remanded.

The claim of entitlement to a disability rating in excess of 20 percent for a seizure disability is remanded.

The claim of entitlement to a disability rating in excess of 10 percent prior to June 1, 2015, in excess of 20 percent from June 1, 2015 until December 12, 2019, and in excess of 30 percent from December 12, 2019 for paralysis of the eleventh cranial nerve is remanded.

The claim of entitlement to a disability rating in excess of 10 percent for paralysis of the fifth cranial nerve is remanded.

REASONS FOR REMAND

The Veteran served on active duty from February 1969 to April 1970.

This matter came before the Board of Veterans' Appeals (Board) on appeal of rating decisions by a U.S. Department of Veterans Affairs (VA) Regional Office (RO).  This matter was previously remanded by the Board for further development in March 2019.  This matter is again before the Board.

Another remand is warranted.  

In an April 2021 statement, the Veteran indicated that the disabilities subject to this appeal had worsened since the most recent VA examinations into the claims.  The RO should provide new examinations.  See 38 U.S.C. § 5103A; 38 C.F.R. § 3.159; Snuffer v. Gober, 10 Vet. App. 400, 403 (1997).   

The matter is REMANDED for the following action:

1. Update VA and private treatment records.  VA treatment records appear current up to April 2020.

2. Schedule the Veteran for one or more appropriate VA examinations to determine the current nature and severity of TBI residuals, seizures, and cranial nerve disabilities.  The need for an in-person examination of the Veteran is left to the discretion of the examiner.  The examiner should review the claims file and a copy of this Remand.

The examination of TBI residuals should address information relating to all facets used to rate TBI residuals.  The examiner should identify the nature and severity of all current manifestations.  The examiner should also complete any indicated examinations that address any identified residuals.  It is also essential that the examiner elicit and record the Veteran's reported symptoms and that the examiner clearly state which symptoms are TBI residuals and which symptoms are associated with other service-connected disabilities.  To the extent possible, the examiner should discuss the changes in severity of identified TBI residuals during the period on appeal (i.e. since August 2013). 

The examination of the seizure disability should address the frequency of major and minor seizures during each six-month period and 12-month period over the past two years.  

The examination of the cranial nerve disabilities should address all involved cranial nerves and should opine as to the level of impairment of each involved nerve.  The symptoms that result in those levels of impairment should be described.  

A complete rationale for all opinions offered should be provided.  Address the Veteran's documented history and assertions.  All relevant lay and medical evidence should be considered.  

3. Readjudicate the issues on appeal.   

 

C. J. McEntee

Acting Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	A. Dougan, 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.