The Veteran's TBI residuals were rated at level 2 from August 28, 2015 to November 15, 2020.,From January 20, 2016 to November 15, 2020, the Veteran's OSA required a CPAP machine.
The deciding factor: The evidence did not show that the TBI manifested with level 3 impairment in any of the facets or total impairment in one or more facets.,The evidence did not show chronic respiratory failure with carbon dioxide retention, cor pulmonale, or tracheostomy required for a higher rating.
- Claimed conditions
- Traumatic Brain Injury (TBI), Obstructive Sleep Apnea (OSA), Migraine Headaches, Tinnitus
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- October 12, 2022
- Citation
- A22020666
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 A22020666.
What this means for you
A denial is a starting point, not the end of the road. You can see why this claim fell short — and, if you are still inside the one-year window, the appeal lanes that may remain open to you.
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 and tinnitus, finding that the Veteran's current conditions are not related to his military service.
- Denied
The Board denied the veteran's claims for a higher rating for PTSD and dismissed his appeals regarding increased ratings for tinnitus and a right hand disability due to lack of timely filing of Notice of Disagreement.
- Denied
The Board has denied the Veteran's claims for service connection for various conditions, including GAD, MDD, bruxism, migraines/headaches, tinnitus, hip pain, iliotibial band syndrome, and leg stress fractures. The evidence does not support current diagnoses of these conditions during the appeal period.
- Granted
The Veteran's 50% disability rating for migraine headaches was restored as the evidence did not show actual improvement in his ability to function under ordinary conditions of life and work.
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