The Veteran is granted a schedular TDIU from October 23, 2008, to September 28, 2021.,The claim for a schedular TDIU from September 28, 2021, to July 1, 2023, is dismissed as moot due to the Veteran's receipt of a combined 100% disability rating.,An initial compensable rating for posttraumatic headaches was denied.,The Board referred the issue of an extraschedular TDIU prior to October 23, 2008, to the Director.
The deciding factor: The Veteran's service-connected disabilities significantly impacted his ability to maintain substantially gainful employment from October 23, 2008, due to executive functioning deficits and seizures.,From September 28, 2021, to July 1, 2023, the Veteran was already in receipt of a combined 100% disability rating for multiple service-connected disabilities, making a schedular TDIU moot.,The Veteran's posttraumatic headaches did not preclude him from working but were noted as causing fatigue and affecting his ability to work on certain mornings.,There is sufficient evidence to substantiate the possibility that the Veteran was unemployable due to service-connected disabilities prior to October 23, 2008.
- Claimed conditions
- TBI disability, obstructive sleep apnea (OSA), seizure disorder, major neurocognitive disorder
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 90%
- Decision date
- February 8, 2024
- Citation
- 24006948
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 24006948.
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 Veteran's OSA is granted as service connected. The Veteran's infectious disease claim and stomach disability claim are remanded for further examination.
- Remanded (sent back)
The Board has remanded the Veteran's claims for service connection due to errors in obtaining relevant medical records and authorization for private treatment providers. The issues include heart disorder, OSA, sinusitis, lumbar spine disorder, and right knee disorder all related to Agent Orange exposure.
- Granted
The Board has granted service connection for obstructive sleep apnea (OSA) as secondary to the Veteran's service-connected posttraumatic stress disorder (PTSD) with persistent depressive disorder and insomnia.
- Dismissed
The Board dismissed the appeals regarding service connection for obstructive sleep apnea and gastroesophageal reflux disease due to lack of evidence linking these conditions to service.
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