The Veteran's service connection for a respiratory disability, to include sleep apnea, is denied.,A separate compensable rating of 100 percent for posttraumatic stress disorder (PTSD) with traumatic brain injury is granted. The effective date prior to April 15, 2021, for the award of service connection and a compensable rating for posttraumatic headaches is denied.
The deciding factor: The Veteran's current respiratory disabilities are not related to service or due to an in-service disease, injury, or other incident of service.,The Veteran's traumatic brain injury results in at least some criteria that do not align with the existing rating for PTSD and sleep apnea.
- Claimed conditions
- Respiratory disability (to include sleep apnea), Traumatic brain injury
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 100%
- Decision date
- October 31, 2024
- Citation
- A24070444
Veterans Law Judge
Decisions by this judge: 1,762 · Granted: 24% (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 A24070444.
What this means for you
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What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Granted
The Veteran's claim for an earlier effective date of July 10, 2010, for the award of special monthly compensation based on need for regular aid and attendance due to residuals of traumatic brain injury under 38 U.S.C. 1114(t) is granted.
- Remanded (sent back)
The Board has denied an increased rating for right knee patellar tendinitis and has remanded the issue of service connection for a traumatic brain injury.
- Granted
The Veteran's TDIU and SMC at the housebound rate are granted as of August 8, 2020 due to his service-connected psychiatric disorder preventing him from securing or maintaining substantially gainful employment.
- Denied
The Board has denied service connection for residuals of a traumatic brain injury and granted service connection for right elbow olecranon bursitis. The Veteran's TBI is not considered to be related to an in-service fall, while his right elbow disability is found to have had its onset during service.
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