The Board has remanded the case for additional development due to a duty-to-assist violation.
The deciding factor: The Court found that VA's duty to notify the appellant had not been satisfied, and thus the appeal is being remanded for compliance with VCAA requirements.
- Claimed conditions
- myoclonic epilepsy
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- July 9, 2008
- Citation
- 0822493
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 0822493.
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 Veteran's combined disability rating is 20 percent, and his service-connected disabilities do not render him unable to secure and follow a substantially gainful occupation. Therefore, the criteria for TDIU have not been met.
- Remanded (sent back)
The Board has remanded the case for additional development, including a VA examination to assess the current severity of the Veteran's myoclonic epilepsy and whether it prevents him from obtaining gainful employment. The TDIU claim will be referred to the Director of Compensation and Pension for consideration.
- Remanded (sent back)
The veteran's claim for an initial disability rating in excess of 60 percent for his service-connected myoclonic epilepsy is being remanded due to the need for additional development and compliance with new notification requirements.
- Denied
The Board denied the veteran's claims for increased ratings for his service-connected lumbar myositis, psychoneurosis and conversion hysteria, residuals of shrapnel wounds of the left thigh and pelvis with retained foreign bodies and scars, and residuals of shell fragment wounds of the right thigh and left leg. The veteran was also denied entitlement to a total disability rating based on individual unemployability due to service-connected disabilities.
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