Citation Nr: 22016971
Decision Date: 03/23/22	Archive Date: 03/23/22

DOCKET NO. 14-37 649
DATE: March 23, 2022

REMANDED

Entitlement to an initial rating in excess of 10 percent for service-connected traumatic brain injury (TBI) residuals prior to March 25, 2021, is remanded.

Entitlement to a rating in excess of 70 percent for service-connected TBI residuals From March 25, 2021, is remanded. 

REASONS FOR REMAND

The Veteran served on active duty from October 1991 to November 1994 and October 2003 to March 2005, to include service in Southwest Asia.

This matter comes before the Board of Veterans' Appeals (Board) on appeal from a March 2012 rating decision issued by the Department of Veterans Affairs (VA) Regional Office (RO).

The last supplement statement of the case (SSOC) was issued in August 2021.  However, additional pertinent VA medical records have been associated with the claims file since the August 2021 SSOC, medical treatment records submitted in December 2021, January 2022, and February 2022. There is no automatic waiver for evidence obtained by VA, and the AOJ has not issued a new SSOC.

In January 2022, the Board sent a letter to the Veteran informing him that he had the right to have the AOJ consider the evidence. The Veteran was also provided the opportunity to submit a waiver of that right. It was further noted that, if there was no response within 45 days, it would be assumed that he did not wish to have the Board decide their appeal and the case would be remanded to the AOJ for review. To date, neither the Veteran nor his representative have submitted a waiver of the AOJ's initial consideration of the additional evidence.  Thus, a remand is required for AOJ initial review of relevant new evidence and issuance of a new SSOC.  See 38 C.F.R. § 20.1304(c)

The matters are REMANDED for the following action:

Review the record, arrange for any further development suggested, and readjudicate the claims in a new SSOC. 

 

 

Timothy Berryman

Acting Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	Alexander Bahus

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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.