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
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.
- Remanded (sent back)
The Board remands the claim for service connection for sarcoidosis as new and relevant evidence has been received since the previous denial.
- Remanded (sent back)
The Board remands the claim for service connection for tinnitus to correct a duty to assist error, as the Veteran's lay statements regarding onset and continuity of symptoms were not adequately considered in the previous decision.
- Dismissed
The appeal for service connection for a left-hand condition is dismissed as the Veteran was granted service connection for mononeuropathy to the left hand fourth finger with parasthesia of skin in an October 2025 rating decision.
- Remanded (sent back)
The Board remands the claims for service connection for unspecified anxiety disorder and major depressive disorder to obtain an adequate medical opinion regarding their etiology.
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