The Board found that the appellant's seizure disorder, while present and service-connected, did not meet or approximate the criteria for a higher evaluation based on frequency of seizures. The current 40 percent rating adequately compensates him.
The deciding factor: The clinical evidence does not reflect more than one major seizure in four months over the last year or nine to ten minor seizures per week, which are required for a higher evaluation under the applicable regulatory criteria.
- Claimed conditions
- Seizure Disorder
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- March 24, 2003
- Citation
- 0305401
Veterans Law Judge
Decisions by this judge: 2,642 · Granted: 19% (granted or partly granted, in the indexed 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. Search VA.gov for the original decision (opens in a new tab) using citation 0305401.
What this means for you
A final Board denial may be appealed to the U.S. Court of Appeals for Veterans Claims, generally within 120 days of the Board mailing date. A Supplemental Claim with new and relevant evidence is a separate option. Another Higher-Level Review of the Board decision is not available. Check your own notice: this historical decision does not set your deadline.
What you can do next
Use your own notice and decision stage. A remanded issue is not a final court-appealable denial. VA review guidance and CAVC filing instructions (U.S. federal; reviewed October 7, 2026).
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Whole decision: Granted
The Veteran's claims for service connection for Traumatic Brain Injury and Seizure Disorder were granted with effective dates of April 18, 2019.,SMC at the housebound rate was also granted on this date.
- Whole decision: Remanded (sent back)
The Board has remanded the claims for service connection due to insufficient evidence and need for further examination. The Veteran's TBI, psychiatric disorder, seizure disorder, and tremors are all in question.
- Whole decision: Denied
The Veteran's seizure disorder was not manifested by at least one major seizure in the past six months or two seizures in the last year, so her claim for a higher rating is denied.
- Whole decision: Remanded (sent back)
The Board has remanded the claim of service connection for a seizure disorder due to insufficient evidence in the medical opinion provided. The Veteran's current diagnosis is attributed to his history of syncope episodes during service, which may or may not be related to his current condition.
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