The Veteran's service-connected unspecified anxiety disorder and unspecified depressive disorder with TBI are granted at a maximum schedular rating of 70 percent, effective December 19, 2018. The appeal is remanded for further development on other issues.
The deciding factor: The evidence shows that the Veteran’s symptoms have approximated deficiencies in most areas but not total occupational and social impairment prior to December 19, 2018, and reduced reliability and productivity from December 19, 2018. The maximum schedular rating of 70 percent is assigned for this period.
- Claimed conditions
- Obstructive Sleep Apnea, Posttraumatic Headaches (Residuals of TBI), Left Arm Polyneuropathy (Non-Dominant), Left Leg Polyneuropathy, Unspecified Anxiety Disorder and Unspecified Depressive Disorder with TBI
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 70%
- Decision date
- April 3, 2019
- Citation
- 19124971
What this means for you
A grant means the Board agreed the veteran was entitled to the benefit. Decisions like this show the kind of evidence and arguments that tend to succeed for claims like it.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Denied
The Board denied service connection for various disabilities and denied higher ratings for several service-connected conditions.
- Granted
The Board granted service connection for obstructive sleep apnea as secondary to the Veteran's service-connected psychiatric disorders, lumbar and cervical spine disabilities, bilateral radiculopathy of the upper extremities, and bilateral radiculopathy and neuropathy of the lower extremities.
- Denied
The Board denied a rating in excess of 50 percent for PTSD, finding that the Veteran's symptoms more closely approximated those associated with a 50 percent rating.
- Partly granted
The appeal for entitlement to service connection for obstructive sleep apnea was granted, while other appeals were dismissed as untimely and remanded for further action on essential tremors.
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.