The Veteran's claim for service connection for OSA has been reopened, and the issue of entitlement to an effective date prior to September 24, 1969 is granted.,Service connection for TBI has been established, with an effective date of September 24, 1969.
The deciding factor: New evidence was received that supports the Veteran's claim for service connection for OSA and TBI.
- Claimed conditions
- Obstructive Sleep Apnea (OSA), Traumatic Brain Injury (TBI), Status Post Shell Fragment Wounds of Right Buttock with Impairment of Muscle Group XIII and Right Thigh with Impairment of Muscle Group XVII, Status Post Shell Fragment Wounds of Right Lumbar with Impairment of Muscle Group XX and Posterior Chest Wall with Impairment of Muscle Group XXI, Status Post Shell Fragment Wound of Left (Non-Dominant) Upper Extremity with Impairment of Muscle Group VII, Status Post Shell Fragment Wound of Right (Dominant) Upper Extremity with Impairment of Muscle Group VII, Left Lower Extremity Radiculopathy, Secondary to Status Post Shell Fragment Wounds of Right Lumbar and Posterior Chest Wall, Right Lower Extremity Radiculopathy, Secondary to Status Post Shell Fragment Wounds of Right Lumbar and Posterior Chest Wallet
- How they argued it
- Reopened with new and material evidence
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 31, 2024
- Citation
- 24004919
Veterans Law Judge
Decisions by this judge: 1,812 · Granted: 30% (granted or partly granted, in the vetted decisions on this site)
Judge attribution: 2025 complete; earlier years partial.
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 24004919.
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.
- Remanded (sent back)
The Board has remanded the claims of entitlement to service connection for vertigo and obstructive sleep apnea (OSA) due to a pre-decisional duty to assist error. The Veteran's hearing loss is not rated higher than 10 percent.
- Remanded (sent back)
The Board has determined that the claims for service connection for OSA and insomnia must be remanded due to inadequate VA examinations and opinions, as well as a failure to obtain TERA opinions on all relevant exposures.
- Remanded (sent back)
The Board has decided to remand the Veteran's claims for an initial rating in excess of 50 percent for obstructive sleep apnea (OSA) and a separate rating for chronic pulmonary embolism due to inadequate VA examinations.
- Granted
The Board has granted service connection for a traumatic brain injury (TBI) and its residuals, including unsteady gait, somnolence, and cognitive dysfunction. The decision is based on the Veteran's credible lay statements about in-service head injuries and subsequent seizures.
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