The Veteran's anxiety disorder as residual of anoxic brain injury and occipital neuralgia (headaches) have been rated based on their service-connected status, while his sleep apnea has a separate rating. The lower extremity hyperreflexia does not meet the criteria for a compensable evaluation.
The deciding factor: The Veteran's anxiety disorder as residual of anoxic brain injury and occipital neuralgia (headaches) are already service-connected conditions and do not warrant additional evaluations based on new evidence or separate diagnoses. The sleep apnea is rated at 50 percent, which meets the criteria for a compensable evaluation.
- Claimed conditions
- Anxiety Disorder as Residual of Anoxic Brain Injury, Sleep Apnea, Lower Extremity Hyperreflexia, Occipital Neuralgia (Headaches)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 50%
- Decision date
- April 26, 2016
- Citation
- 1616576
This is a plain-language summary generated by AI from a public Board of Veterans’ Appeals decision. It can contain errors — always verify against the original. Look up the original decision on VA.gov (opens in a new tab) using citation 1616576.
What this means for you
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- Partly granted
The Veteran's asthma is currently rated at 30 percent, and the Board finds that a higher rating is not warranted.,The Veteran's sleep apnea claim has been remanded due to duty-to-assist errors.
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The Veteran's appeal for increased ratings and service connection claims have been denied. The Board found that the evidence did not support a higher rating for PTSD, denied service connection for CFS, mast cell activation syndrome, and sleep apnea as secondary to PTSD, and remanded TDIU.
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