The Board has ordered the VA to obtain the Veteran's VA medical records from 1991 to 2011 and to schedule him for a new examination. The case will be remanded for these actions.
The deciding factor: The Court found that the VA failed to fulfill its duty to assist by not obtaining the Veteran's VA medical records, which are potentially relevant to his claim of service connection for a seizure disability.
- Claimed conditions
- Seizure disability
- How they argued it
- Reopened with new and material evidence
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- September 17, 2015
- Citation
- 1540086
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 1540086.
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 the award of special monthly compensation (SMC) based on aid and attendance due to his seizure disability was denied. The Board found that the denial in a September 2015 rating decision implicitly denied any pending inferred claim for SMC, as it related to the level of disability from his seizure disability.
- Granted
The Veteran's seizure disability has manifested in one major seizure every month throughout the period on appeal, warranting a 100% rating from May 7, 2025 to October 16, 2025.
- Remanded (sent back)
The Board has remanded the Veteran's claims for service connection for left knee strain and seizure disability due to inadequate opinions regarding the etiology of these conditions. The VA must provide new opinions addressing whether the disabilities are related to active service, including any aggravation by a pre-existing condition.
- Remanded (sent back)
The Board remands the claims for service connection and increased ratings due to pre-decisional duty to assist errors.
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