The Veteran's appeal of the issue regarding a rating for bilateral hearing loss prior to June 23, 2007, and since that date is dismissed. The Board finds no effective date earlier than August 19, 2003, for the grant of a total disability rating based on individual unemployability due to service-connected disabilities.
The deciding factor: The Veteran's seizure disorder alone did not render him unable to secure or follow a substantially gainful occupation prior to August 19, 2003. The effective date is set at August 19, 2003, but not earlier.
- Claimed conditions
- Seizure disorder
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- March 25, 2014
- Citation
- 1412613
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 1412613.
What this means for you
A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot. It says more about procedure than about whether a claim like this can win.
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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