The Board has remanded the case for additional consideration by a VA reviewing physician to determine whether the Veteran's seizure disorder contributed substantially or materially to his death, combined to cause death, or aided in producing death.
The deciding factor: The Court of Appeals for Veterans Claims deemed the December 2008 VA medical opinion inadequate because it only addressed whether the seizure disorder caused the conditions that led to the Veteran's death and did not address whether the seizure disorder contributed to his death.
- Claimed conditions
- Seizure disorder, Hepatic encephalopathy, Hepatic failure, Cirrhosis of the liver
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- December 2, 2011
- Citation
- 1144238
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 1144238.
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.
- Denied
The Veteran's claim for an earlier effective date for a seizure disorder rating of 20 percent is denied as the evidence does not show that his condition increased in severity within one year after separation from service.
- Granted
The Veteran's service-connected disabilities, including PTSD, cervical spine disability, and seizure disorder, render him unable to secure and follow a substantially gainful occupation. Therefore, the Board has granted his TDIU application.
- Denied
The Veteran's seizure disorder is rated at 10 percent, and the Board finds that a higher rating is not warranted as he has not had any seizures in over two years.
- Remanded (sent back)
The Board has remanded the case due to a failure to obtain an adequate opinion regarding the cause of death and its relation to service, including in-service dental treatment. The Veteran died from acute renal failure, metastatic melanoma, cerebral metastasis, or seizure disorder.
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