The VA determined that the veteran's seizure disorder did not meet the criteria for a higher disability rating than 80 percent, as there was no evidence of at least one major seizure occurring on average more than once every three months over the last year.
The deciding factor: The VA found that the veteran had an average of less than one major seizure per month in the past year, which did not meet the criteria for a higher rating.
- Claimed conditions
- Seizure Disorder
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 80%
- Decision date
- February 17, 2006
- Citation
- 0604721
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.
- Denied
The Board denied a higher rating for TBI, an earlier effective date for TDIU and DEA benefits, and remanded service connection for seizure disorder.
- Denied
The Board denied service connection for a seizure disorder, headache disorder, and acquired psychiatric disorder as the evidence did not support a direct or secondary relationship to military service.
- Denied
The Board denied separate compensable ratings for a seizure disorder and migraine headaches associated with the Veteran's service-connected traumatic brain injury (TBI) residuals.
- Remanded (sent back)
The appeal for service connection for a seizure disorder was denied as new and material evidence was not received to reopen the previously denied claim. The claims for increased disability evaluations were remanded due to the Veteran's failure to report for scheduled VA examinations.
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This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.