The Board granted service connection for epilepsy, finding that it was presumed to have been incurred during active duty service.
The deciding factor: The evidence showed the Veteran experienced an epileptic seizure in early 1974, which was within one year of his discharge. This met the criteria for presumptive service connection under 38 U.S.C.A. § 1112 and 38 C.F.R. § 3.309.
- Claimed conditions
- epilepsy
- How they argued it
- Presumptive (no nexus needed)
- Exposure basis
- None
- Rating assigned
- 100%
- Decision date
- February 27, 2009
- Citation
- 0907318
What this means for you
A grant means the Board agreed the veteran was entitled to the benefit. Decisions like this show the kind of evidence and arguments that tend to succeed for claims like it.
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 seizures, to include epilepsy, as the evidence did not support a finding that the Veteran had a current diagnosis of such a disorder related to his military service.
- Partly granted
The Board denied service connection for epilepsy, bilateral detached retina (previously rated as blurred vision), cervical spine condition, and migraine headaches. However, it granted service connection for hypertension and earlier effective dates for lumbar spine disability, left lower extremity sciatic nerve radiculopathy, right lower extremity sciatic nerve radiculopathy, and PTSD.
- Remanded (sent back)
The Board remands the service connection claims for carotid artery stenosis, cerebral aneurysm, constipation, epilepsy, and hypertension to correct a pre-decisional duty-to-assist error.
- Denied
The Board denied the Veteran's appeal to restore a 40 percent rating for his service-connected epilepsy, finding that there was an actual improvement in his condition as it pertains to his ability to function under ordinary conditions of life and work.
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