The Board denied service connection for a seizure disorder, finding that the preponderance of evidence was against the claim. The issue regarding a systolic heart murmur due to rheumatic heart disease is being remanded.
The deciding factor: The onset of the veteran's seizure disorder occurred more than two years after his discharge from active duty and could not be linked to any period of service, including National Guard service at the World Trade Center. The evidence does not support a finding that the systolic heart murmur due to rheumatic heart disease was aggravated by service.
- Claimed conditions
- Seizure disorder, Systolic heart murmur due to rheumatic heart disease
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- March 6, 2009
- Citation
- 0908384
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.
- Partly granted
The veteran was granted a total disability rating based on individual unemployability from May 11, 2016, and the claim for an earlier effective date for special monthly compensation under 38 U.S.C. § 1114(s) was denied.
- Partly granted
The Board granted service connection for an acquired psychiatric disorder as secondary to the Veteran's service-connected disabilities. The claims for myofascial pain syndrome and a seizure disorder were remanded.
- Remanded (sent back)
The Board remands the issue of entitlement to a rating in excess of 40 percent for a seizure disorder prior to January 22, 2019, for further action.
- Remanded (sent back)
The Board remands the issues of entitlement to service connection for a seizure disorder, right shoulder disorder, and left shoulder disorder as additional evidence is needed.
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