The Board has determined that additional development of the evidence is required to properly address the Veteran's claims for service connection for residuals of a head injury and seizures as a result of a head injury. This includes obtaining missing service treatment records, personnel records, and VA medical records; providing proper VCAA notice regarding ACDUTRA and INACDUTRA periods of service; scheduling the Veteran for a VA examination to determine the nature and extent of his current seizures; and readjudicating the claims in light of any additional evidence obtained.
The deciding factor: The Board found that there are gaps in the record, particularly regarding the Veteran's ACDUTRA and INACDUTRA periods of service. The records need to be verified and obtained from relevant sources. Additionally, a VA examination is required to determine the current nature and etiology of the Veteran's seizures.
- Claimed conditions
- head injury, seizures
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- June 1, 2009
- Citation
- 0920323
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 0920323.
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.
- Granted
The Board has granted the Veteran's claim for service connection for syncopal episodes, finding that these episodes are secondary to her service-connected migraine headaches.
- Granted
The Veteran's seizures are granted as secondary to the service-connected scar tissue from a 1969 head surgery.
- Granted
The Veteran's angioedema, hypertension, seizures, obstructive sleep apnea, and thyroid cancer residuals are all service-connected. The rating for angioedema is denied as it meets the maximum evaluation. Hypertension receives a 10 percent rating prior to December 29, 2019 and no higher thereafter. SMC based on need for aid and attendance is granted.
- Remanded (sent back)
The Board has remanded the Veteran's claims for service connection due to a duty to assist error in obtaining missing service treatment records. The AOJ is instructed to attempt to obtain these records and conduct any necessary development, including VA examinations.
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