The Board denied an increased rating in excess of 30 percent for the Veteran's history of epilepsy residuals from head trauma, as there was no evidence of a major seizure in the last six months or two in the last year, or averaging at least five to eight minor seizures weekly.
The deciding factor: The frequency and severity of the Veteran's seizures did not meet the criteria for a higher rating under the applicable diagnostic codes.
- Claimed conditions
- epilepsy residuals from head trauma, gastric ulcer (secondary to service-connected epilepsy), kidney disability
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 30%
- Decision date
- March 16, 2009
- Citation
- 0909672
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 service connection for various disabilities, including abnormal weight loss, a bladder disability, blockage of the neck arteries, and others. The evidence did not support a finding that any of these conditions were related to the Veteran's active service.
- Denied
The Board denied service connection for an eye disability and a kidney disability, as the evidence did not support a causal relationship between these conditions and the Veteran's active service.
- Partly granted
The Board granted service connection for allergic rhinitis and remanded the other claims for further development.
- Denied
The Board denied service connection for a kidney disability, as there was no evidence of a current disability. The claims for cervical radiculopathy, left hip strain, and right hip strain were remanded due to inadequate medical opinions.
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