The Veteran's epilepsy was rated at 80 percent from December 3, 2005 to April 30, 2008 and at 60 percent from May 1, 2008. The effective dates for these ratings are based on the date of separation from service (December 3, 2005) and the date of the hearing before a decision review officer (May 1, 2008).
The deciding factor: The Veteran's seizures averaged at least one in three months during the period from December 3, 2005 to April 30, 2008, warranting an initial rating of 80 percent. After a few years and medication adjustments, the frequency decreased to averaging at least one seizure every four months by May 1, 2008, which warranted a 60 percent rating.
- Claimed conditions
- epilepsy
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 80%
- Decision date
- April 2, 2009
- Citation
- 0912292
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 0912292.
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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