Citation Nr: 22018071
Decision Date: 03/28/22	Archive Date: 03/28/22

DOCKET NO. 14-42 428
DATE: March 28, 2022

REMANDED

Entitlement to service connection for Traumatic Brain Injury (TBI) residuals is remanded.

REASONS FOR REMAND

The Veteran had active service from January 2004 to January 2008.

This matter comes to the Board of Veterans' Appeals (Board) on appeal from an October 2013 rating decision of the Department of Veterans Affairs (VA) Regional Office (RO). 

The Veteran testified at a Travel Board Hearing before the undersigned Veterans Law Judge in March 2022. 

1. TBI residuals is remanded.

The Veteran contends that he has TBI residuals due to blast exposure from an Improvised Explosive Device (IED).

The record suggests that the Veteran received medical treatment at Durham VA Medical Center and possibly another facility and that these records were not previously considered by a VA examiner.  Finally, the VA examination completed in February 2013, which stated that the Veteran did not have a diagnosis of TBI, did not review these additional treatment records nor consider whether the Veteran's TBI from an IED blast caused any other mental disorder apart from his now service-connected bipolar disorder.  For these reasons, remand is required for a new VA examination to develop the record and to determine whether any TBI residuals or other mental disorderapart from his service-connected bipolar syndromeis due to the claimed TBI.

The matters are REMANDED for the following action:

1. Obtain any outstanding treatment records, to include private treatment records, as well as any brain imaging results, and associate them with the claims file.

2. Thereafter, schedule a new VA examination to determine the nature and etiology of the Veteran's TBI, to include any head injury, and any other mental health disorder aside from his bipolar disorder, as TBI residuals. 

 

H.M. WALKER

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	K. McKenzie, 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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.