Traumatic brain injury (TBI) decisions — 2015

The Veteran's claim for service connection for diverticulosis has been granted. The Board finds that there is competent and probative medical evidence of record suggesting a relationship between the Veteran's current disability and his active service.

The Veteran's initial rating for cubital tunnel syndrome in the left elbow was granted at a noncompensable level, and later increased to 10 percent effective February 14, 2013. Service connection for bilateral hearing loss and residuals of TBI were also granted.

The Board has determined that the Veteran's current residuals of a traumatic brain injury and acquired psychiatric disorders are not shown to be causally or etiologically related to any injury, illness, or incident during service.

The Veteran's bilateral hearing loss was rated as noncompensable prior to May 13, 2009. As of that date, a compensable rating (10%) has been assigned.,For the TBI with residuals of vertigo issue, an initial 10% rating was granted effective October 27, 2010.

The Veteran's PTSD claim was granted with an initial rating of 70 percent, effective October 4, 2011. The right lower inner lip scar and loss of teeth due to the residuals of fracture of mandible were both rated at 10 percent each. Service connection for traumatic brain injury, headaches, left heel strain, lumbosacral spine strain, esophageal cancer, and obstructive sleep apnea was granted as secondary to PTSD.

The Veteran's service-connected disabilities do not meet the criteria for a schedular TDIU under 38 C.F.R. � 4.16(a). However, given evidence suggesting unemployability, the Board has remanded the claim to determine if an extraschedular TDIU is warranted.

The Veteran's appeal is being remanded for further development, including seeking clarification from the Veteran's treating chiropractor regarding his low back disability and service connection for traumatic brain injury. The TDIU claim is also inextricably intertwined with these issues.

The Veteran's appeal seeking an increased rating for organic personality disorder with organic brain syndrome has been withdrawn. The case is being remanded to obtain updated VA treatment records and a TBI examination.

The Veteran's appeal is being remanded for additional development, including obtaining medical records and conducting examinations to determine the nature of his tinnitus and knee arthroplasty claims.

The Board finds that the Veteran's TBI and PTSD symptoms, which were present after his combat exposures in Iraq, bore on his state of mind at the time he missed his return flight. This evidence presents a compelling circumstance to have warranted the prolonged unauthorized absence, thus not barring him from VA benefits.

The Veteran seeks service connection for head injury residuals, including a cerebellar cyst. The Board finds that VA examination is needed to determine if the current condition is related to his in-service head injury during ADT in 1981.

The Veteran's residuals of chronic brain syndrome associated with TBI are manifested by mild impairment in memory, attention, concentration or executive functions resulting in mild functional impairment. The Veteran's PTSD is manifested by symptoms such as depressed mood, anxiety, chronic sleep impairment, disturbances of motivation and mood, hypervigilance, and exaggerated startle response.

The Board found that the appellant's extended AWOL status was justified due to service-connected PTSD and TBI, thus finding his discharge under other than honorable conditions does not bar him from VA benefits.

The Veteran has withdrawn his appeal regarding the initial compensable rating for service-connected Traumatic Brain Injury and the increased rating for service-connected Headaches, including whether the reduction from 30 percent to 10 percent effective December 1, 2010 was proper. As a result, the Board does not have jurisdiction to decide these issues.

The Veteran's claims for service connection for various conditions, including bilateral hearing loss, low back disorder, neck disorder, knee disorders, hip disorders, and hand disorders are all granted.

The Board denied the Veteran's claims for service connection for residuals of a traumatic brain injury, loss of use of the left side of the body, and a compensable rating for residuals of a fracture of the left mandible. The decision found that there was no evidence linking these conditions to service.

The Veteran's claims for increased ratings for posttraumatic organic brain disease, traumatic brain injury with vertigo, migraine headaches associated with TBI with vertigo, and bilateral tinnitus associated with TBI with vertigo prior to October 23, 2008 are denied.

The Veteran's claim for service connection for PTSD was reopened and granted. His TBI with cognitive disorder and adjustment disorder with depressed mood is rated at 30 percent.

The Veteran's sleep apnea is secondary to his service-connected allergic rhinitis. The Board has granted this claim.