The veteran is seeking a higher rating for his anxiety disorder and also claims there was clear and unmistakable error in the July 1959 rating decision denying service connection for epilepsy or a seizure disorder. The case must be remanded to obtain additional VA treatment records, clarify the veteran's claims regarding CUE and reopening of the service connection claim, and ensure compliance with Veterans Claims Assistance Act of 2000.
The deciding factor: The veteran has not provided sufficient information to determine which specific rating decision contains clear and unmistakable error (CUE).
- Claimed conditions
- epilepsy or a seizure disorder
- How they argued it
- Reopened with new and material evidence
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- July 2, 2004
- Citation
- 0417869
Veterans Law Judge
Decisions by this judge: 1,419 · Granted: 21% (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 0417869.
What this means for you
A remand is not a loss. The Board sent the case back for more development — often a new exam or missing records — before making a final decision. Many remands later end in a grant, and the decision spells out exactly what the Board wanted to see.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Denied
The Board denied service connection for epilepsy or a seizure disorder, sinusitis, diabetes mellitus, asthma, strokes, heart disability, occlusion of the carotid artery, prostate cancer, bladder cancer, and bilateral visual impairment as there is no evidence that these conditions are related to the Veteran's active military service.
- Remanded (sent back)
The Board has remanded the case due to the need for additional development, including obtaining SSA records and providing proper notice regarding secondary service connection.
- Granted
The Veteran's claim for service connection for PTSD was reopened due to the submission of new and material evidence. The appeal is granted as his PTSD is now considered service-connected.
- Granted
The Veteran's claim for service connection of a left leg disability is reopened, and the appeal is granted.
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