The Board denied the Veteran's claims for an effective date earlier than September 20, 1999 for the grant of a 100 percent disability rating for partial complex seizures and whether the termination of special monthly compensation based on statutory housebound status was proper. The issue regarding the termination of a separate evaluation for service-connected headaches, dizziness and lightheadedness as a result of head trauma is pending.
The deciding factor: The Board found that there was no clear and unmistakable error in establishing service connection for headaches, dizziness and lightheadedness as a result of head trauma. The effective date claim was denied due to the lack of evidence showing an increase in disability prior to September 20, 1999.
- Claimed conditions
- Partial Complex Seizures
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- April 9, 2009
- Citation
- 0913304
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 0913304.
What this means for you
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What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Dismissed
The Veteran's appeals for service connection for transient ischemic attacks and recurrent sleep disability to include sleep apnea have been dismissed. The Board has also remanded the issues of rating in excess of 40 percent for head trauma residuals with craniotomy residuals with hardware placement, a cognitive disorder, and headaches prior to September 23, 2019; rating in excess of 70 percent for PTSD on and after September 23, 2019; and rating in excess of 10 percent for partial complex seizures.
- Remanded (sent back)
The Board has remanded the cases for further development and consideration, including obtaining additional medical records and arranging for examinations to assess the severity of the Veteran's service-connected partial complex seizures with narcolepsy. The claims are also being referred to the VA Director of Compensation for consideration of extraschedular increased ratings.
- Granted
The Board has determined that the evidence is in equipoise as to whether the Veteran's DVT, PE, and partial complex seizures were caused by his service-connected sleep apnea. Therefore, service connection for these conditions is granted.
- Denied
The Board has determined that the Veteran's TBI and Hepatitis C are not related to service, while partial complex seizures have been denied due to lack of evidence.
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