The Board granted service connection for traumatic brain injury based on evidence of in-service head injuries from vehicular accidents and IED explosions, positive screening tests, and medical opinions establishing nexus to service. The Board remanded the obstructive sleep apnea claim for additional examination to address the examiner's failure to consider in-service neck pain, obesity, and a VA physician's statement linking the condition to military service.
The deciding factor: For TBI: the Board found preponderant evidence supported service connection through current disability diagnosis, in-service events (accidents, explosions, combat action badge), and nexus opinions indicating the condition was at least as likely as not related to service. For OSA: remand was required because the VA examiner did not adequately address the December 2016 VA physician statement or service treatment records documenting in-service neck pain and obesity that may relate to the sleep apnea.
- Claimed conditions
- Traumatic brain injury (TBI), Obstructive sleep apnea
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 14, 2020
- Citation
- 20002669
What this means for you
A partial grant means some issues were granted while others were denied or remanded — common in multi-issue claims. Look at which issues went which way, and how each was argued.
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 bilateral hearing loss, hypertension, traumatic brain injury (TBI), and a right shoulder disorder as there was no probative evidence of current disabilities as defined by VA.
- Denied
The Board denied service connection for an acquired psychiatric disorder, chronic rhinitis, and obstructive sleep apnea. The headache claim was remanded for further examination.
- Partly granted
The appeal was denied for service connection of a cervical spine disorder, and several claims were remanded for further development.
- Granted
The Veteran is granted special monthly compensation (SMC) at the R(1) rate due to his need for regular aid and attendance.
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