The VA denied the veteran's claim for compensation under 38 U.S.C. 1151 due to a finding that he did not incur additional disability as a result of carelessness, negligence, lack of proper skill or error in judgment on the part of VA health care providers who treated him for a fracture of the left zygoma complex and the left lateral and inferior orbital rim requiring an open reduction and internal fixation in June 1989.
The deciding factor: The veteran's seizures were not caused by the VA treatment, as he had pre-existing conditions that contributed to his seizure disorder.
- Claimed conditions
- Grand mal seizures
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- May 20, 2005
- Citation
- 0513923
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 0513923.
What this means for you
A denial is a starting point, not the end of the road. You can see why this claim fell short — and, if you are still inside the one-year window, the appeal lanes that may remain open to you.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Granted
The Veteran is granted effective dates for awards of SMC at various rates, with the earliest being December 13, 2023. The SMC is awarded based on his service-connected conditions and their impact on his daily life.
- Partly granted
The Veteran's claim for service connection for tonic-clonic seizures or grand mal seizures was granted effective December 18, 2012. A rating of 20% was assigned from that date to August 6, 2014.,After the initial grant of service connection, the Veteran's condition improved and he has not experienced any major seizures in over three years.
- Remanded (sent back)
The Board has remanded the claims of service connection for grand mal seizures, left knee disability, right knee disability, and tinnitus due to inconsistencies in the Veteran's statements regarding his military service history. The claims are not granted as there is no evidence that these conditions began during or are otherwise related to his active duty.
- Denied
The Veteran's service-connected PTSD is rated at 100 percent disabling, and he is already receiving special monthly compensation (SMC) based on housebound status. Therefore, the criteria for TDIU prior to February 19, 2013, have not been met.
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