Citation Nr: 22013564
Decision Date: 03/09/22	Archive Date: 03/09/22

DOCKET NO. 16-06 534
DATE: March 9, 2022

REMANDED

Entitlement to a compensable evaluation for traumatic brain injury (TBI) is remanded.

Entitlement to a compensable evaluation for occipital headaches is remanded.

REASONS FOR REMAND

The Veteran served on active duty from November 2008 to October 2012.

This matter comes before the Board of Veterans' Appeals (Board) on appeal from a December 2015 rating decision by the Department of Veterans Affairs (VA). 

The Veteran requested a Board hearing in his February 2016 substantive appeal. Several scheduled hearings were postponed, but he did not attend a hearing scheduled for January 2022. As a result, the Board considers the request for a hearing withdrawn.

1. Entitlement to a compensable evaluation for TBI.

The Veteran reported that he has symptoms that include poor judgment, social isolation, and memory issues that he believes are related to his TBI. See January 2016 notice of disagreement (NOD); February 2016 substantive appeal. He underwent a new VA examination in July 2017, but the examiner opined that the Veteran did not have memory, social, or judgment issues associated with his TBI. Because it is unclear why the examiner's opinion differs from the Veteran's lay reports, the Board finds that remand for a new examination is warranted.

2. Entitlement to a compensable evaluation for occipital headaches.

The Veteran reported headaches on a daily basis that are sometimes so severe that he needs to stop driving and block out any light or sound. See January 2016 NOD; February 2016 substantive appeal. He underwent a new VA examination in July 2017, but the examiner opined that the Veteran's photophobia was not associated with his headaches. Because the examiner's opinion differs from the Veteran's lay report, the Board finds that a new examination is warranted to resolve any inconsistencies.

The matters are REMANDED for the following action:

1. The AOJ should obtain, if possible, records of relevant private evaluations and treatment the Veteran has received for his TBI and headaches. The Veteran must assist in the matter by identifying his private healthcare providers and by submitting releases for VA to obtain any private records identified.

2. After the development in the first directive is completed, the AOJ should arrange for examinations of the Veteran to assess the current severity of his service-connected TBI and headaches. The examiner must review the entire record (including this remand) in conjunction with the examination and note such review was conducted. The examiner should provide a full description of the disability and report all signs and symptoms associated with the Veteran's disability. Specifically, the examiner should also respond to the following:

Are the Veteran's reported memory, social, and judgement issues due to his TBI? Please explain why or why not.

3. If upon completion of the above action the issues remain denied, the case should be returned to the Board after compliance with appellate procedures.

 

E. I. VELEZ

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	J. Sandler, 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.