The Board granted service connection for obstructive sleep apnea and traumatic brain injury, and granted earlier effective dates for the grants of service connection for various shell fragment wounds and scars. The decision also denied several claims for increased ratings.
The deciding factor: The evidence was at least in relative equipoise that the Veteran suffered a TBI during service which has resulted in current disability, and new and relevant evidence was received to reopen the claim for obstructive sleep apnea.
- Claimed conditions
- Obstructive Sleep Apnea (OSA), Traumatic Brain Injury (TBI), Shell fragment wounds of right buttock with impairment of Muscle Group XIII and right thigh with impairment of Muscle Group XVII, Shell fragment wounds of right lumbar with impairment of Muscle Group XX and posterior chest wall with impairment of Muscle Group XXI, Shell fragment wound of left (non-dominant) upper extremity with impairment of Muscle Group VII, Shell fragment wound of right (dominant) upper extremity with impairment of Muscle Group VII, Painful/unstable shrapnel wound and lipoma scars under Diagnostic Code 7804, Shrapnel wound and lipoma scars of the head and neck (also claimed as scalp/head shell fragment wound residuals of scaling, breakdown and scabbing) under Code 7800, Left lower extremity radiculopathy, secondary to status post shell fragment wounds right lumbar with impairment of Muscle Group XX, and status post shell fragment wounds posterior chest wall with impairment of Muscle Group XXI, Right lower extremity radiculopathy, secondary to status post shell fragment wounds right lumbar with impairment of Muscle Group XX, and status post shell fragment wounds posterior chest wall with impairment of Muscle Group XXI
- 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
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.
- Granted
The Board granted a rating of 70 percent for posttraumatic stress disorder (PTSD) and traumatic brain injury (TBI), as the Veteran's symptoms most nearly approximated occupational and social impairment with deficiencies in most areas.
- Partly granted
The Board granted service connection for obstructive sleep apnea, left knee disability, and right knee disability. The claims for urinary frequency disability and residuals of a cholecystectomy were denied.
- Partly granted
The Veteran was granted an effective date of July 31, 2012, for TDIU and October 22, 2012, for service connection of left and right lower extremity radiculopathy.
- Partly granted
The Board denied an initial increased rating for diabetes mellitus type II and remanded the claims for service connection for obstructive sleep apnea, right shoulder strain with acromioclavicular joint osteoarthritis and tendinitis, cervical spine spondylosis, left knee degenerative arthritis, right knee degenerative arthritis, and thoracolumbar scoliosis and lumbar spine degenerative changes.
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