Citation Nr: 24009331
Decision Date: 02/27/24	Archive Date: 02/27/24

DOCKET NO. 20-25 637
DATE: February 27, 2024

ORDER

The petition to reopen the previously denied claim of entitlement to service connection for traumatic brain injury (TBI) is granted.

REMANDED

Entitlement to service connection for traumatic brain injury (TBI) is remanded.

Entitlement to service connection for a right knee disability is remanded.

Entitlement to service connection for a left knee disability is remanded.

Entitlement to service connection for sleep apnea is remanded.

Entitlement to a compensable rating for service-connected euthyroid multinodular goiter (claimed as thyroid) is remanded.

FINDINGS OF FACT

1. A February 2014 rating decision last denied service connection for TBI. 

2. Evidence pertaining to the Veteran's TBI since the last final rating decision was not previously submitted, relates to unestablished facts necessary to substantiate the claim, is neither cumulative nor redundant, and raises a reasonable possibility of substantiating the claim. 

CONCLUSIONS OF LAW

1. The February 2014 rating decision that last denied service connection for TBI is final. 38 U.S.C. § 7105; 38 C.F.R. § 20.1103.

2. The evidence received since the last final February 2014 rating decision is new and material, and the claim for service connection for TBI is reopened. 38 U.S.C. § 7105; 38 C.F.R. §§ 3.156, 20.1103. 

REASONS AND BASES FOR FINDINGS AND CONCLUSIONS

The Veteran had an initial period of active duty for training from January 2007 to May 2007, and a period of active service in the United States Army from May 2011 to June 2012. For her Meritorious Service, the Veteran was awarded (among other decorations) the Army Commendation and Achievement Medals, and the Iraq 

This matter is before the Board of Veterans' Appeals (Board) on appeal of a July 2016 rating decision a Department of Veterans Affairs (VA) Regional Office (RO). 

New and Material Evidence

1. The petition to reopen the previously denied claim of entitlement to service connection for TBI is granted. 

The Veteran most recently filed a request to reopen her claim for entitlement to service connection for TBI in July 2015. At the time of the last final denial of the Veteran's claim for service connection for TBI in February 2014, evidence of record included the Veteran's service treatment records (STRs) and VA treatment records.

Evidence associated with the claims file since the previous February 2014 denial includes VA treatment records, private treatment records, private TBI disability benefits questionnaire (DBQ), a VA medical opinion, lay statements. Based on a review of this new evidence, the Board finds that new and material criteria under 38 C.F.R. § 3.156(a) have been satisfied, and the claim for service connection for TBI is reopened.  

REASONS FOR REMAND

2. Entitlement to service connection for TBI is remanded. 

3. Entitlement to service connection for a right knee disability is remanded. 

4. Entitlement to service connection for a left knee disability is remanded. 

5. Entitlement to service connection for sleep apnea is remanded. 

6. Entitlement to a compensable rating for service-connected thyroid is remanded. 

The issues on appeal are remanded to afford the Veteran procedural due process. VA treatment records and examinations were associated with the claims file after the issuance of the May 2020 statement of the case (SOC). Therefore, remand is required for the agency of original jurisdiction (AOJ) review and an issuance of a supplemental statement of the case (SSOC) that takes into consideration all evidence of record added to the claims file since the last adjudication. 

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The matters are REMANDED for the following action:

Readjudicate all issues on appeal, with consideration of all evidence obtained after the May 2020 SOC. If the benefits sought are denied, send the Veteran a supplemental statement of the case (SSOC).  

 

 

Evan M. Deichert

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	M. Thompson, 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.