Citation Nr: 22014451
Decision Date: 03/12/22	Archive Date: 03/12/22

DOCKET NO. 17-59 465
DATE: March 12, 2022

REMANDED

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

Entitlement to a compensable rating for residuals of right eye injury is remanded.

REASONS FOR REMAND

The Veteran served on active duty from January 1974 to October 1978.

This matter comes to the Board of Veterans' Appeals (Board) on appeal from a January 2016 rating decision of a Department of Veterans Affairs (VA) Regional Office (RO).

The Veteran testified at a hearing before the undersigned Veterans Law Judge in September 2021.  A transcript of the hearing is associated with the claims file.

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

At the September 2021 hearing, the Veteran testified that that TBI symptoms had increased in severity since the most recent VA examination in July 2015 and he had recently developed dizziness and loss of balance.  The Veteran should be provided an opportunity to report for a VA examination to ascertain the current severity and manifestations of TBI.

2. Entitlement to a compensable rating for residuals of right eye injury is remanded.

At the September 2021 hearing, the Veteran testified that that a right eye disability has increased in severity in the last four years, including worsening vision and symptoms he described as "my right eye doesn't want to play today."  He was last examined by VA in August 2015.  The Veteran should be provided an opportunity to report for a VA examination to ascertain the current severity and manifestations of right eye disability.

The matters are REMANDED for the following action:

1. Schedule the Veteran for a TBI examination by an one of the required specialties to determine the current severity of service-connected traumatic brain injury (TBI).  The examiner should provide a full description of the disability and report all signs and symptoms necessary for rating the disability under the rating criteria.

2. Schedule the Veteran for an examination by an appropriate clinician to determine the current severity of service-connected residuals of a right eye injury.  The examiner should provide a full description of the disability and report all signs and symptoms necessary for rating the disability under the rating criteria.

3. Then, readjudicate the claims on appeal.  If any benefit sought on appeal remains denied, issue a supplemental statement of the case and allow the appropriate opportunity for response.

 

 

Harvey P. Roberts

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	B. Houbeck

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.