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 behavioral issues.,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 functional loss due to pain and sensitivity.,There is sufficient evidence to substantiate the possibility of unemployability by October 23, 2008, given his service-connected disabilities.
- Claimed conditions
- TBI disability, obstructive sleep apnea (OSA), seizures, 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.
- Partly granted
The Veteran was granted a 70 percent initial disability rating for PTSD effective December 2, 2021, but the claim for an increased rating in excess of 70 percent was denied. The appeal also included claims for service connection and ratings for various conditions, some of which were granted while others were remanded.
- Partly granted
The Board granted a 20 percent disability rating for left and right lower extremity radiculopathy from April 3, 2023 onward, but denied higher ratings prior to that date. Service connection was also granted for alcohol use disorder as secondary to PTSD with traumatic brain injury.
- Granted
The Board granted service connection for obstructive sleep apnea (OSA) based on the Veteran's exposure to in-service chemical agents.
- Remanded (sent back)
The Board remands the claim for service connection of obstructive sleep apnea (OSA) as secondary to fibromyalgia due to a need for additional medical evidence.
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