The Veteran's sleep apnea and tinnitus are granted as service-connected. The Veteran is granted a 50 percent rating for his TBI, effective October 15, 2019. A separate 10 percent rating is granted for right knee instability. The Veteran is also granted total disability based on individual unemployability.,The Veteran's sleep apnea and tinnitus are service-connected. He is granted a 50 percent rating for his TBI as of October 15, 2019. A separate 10 percent rating is granted for right knee instability. The Veteran is also granted total disability based on individual unemployability.
The deciding factor: The evidence supports the grant of service connection for sleep apnea and tinnitus as they are related to service, specifically TBI. The Veteran's TBI resulted in a 50 percent rating effective October 15, 2019, due to his very frequent and prostrating and prolonged attacks that are productive of severe economic inadaptability. A separate 10 percent rating is granted for right knee instability as the condition has manifested with reduced range of motion. The Veteran's service-connected disabilities have been shown to preclude him from obtaining or maintaining substantially gainful employment, warranting a TDIU.
- Claimed conditions
- sleep apnea, tinnitus, traumatic brain injury (TBI), migraine headaches, right knee strain
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 50%
- Decision date
- December 21, 2020
- Citation
- 20080188
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.
- Granted
The Board granted service connection for left knee strain, right knee strain, right wrist strain, and TBI. The Veteran's PTSD rating was remanded for further development.
- Granted
The Veteran's migraine headaches were granted a 50 percent disability rating, effective August 8, 2023, due to very frequent completely prostrating and prolonged attacks that are productive of severe economic inadaptability.
- Denied
The Board denied service connection for various conditions, including prostate cancer and related disabilities, urinary incontinence, sleep apnea, hypertension, varicose veins, lumbar spine disability, hip arthritis, shoulder arthritis, ankle arthritis, knee strain, knee replacement, and hand arthritis. The only condition granted was a 10 percent rating for a fracture of the right proximal first metacarpal.
- Remanded (sent back)
The Board remands the claim for service connection for tinnitus to correct a duty to assist error, as the Veteran's lay statements regarding onset and continuity of symptoms were not adequately considered in the previous decision.
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