The Board has determined that the Veteran's seizure disorder clearly and unmistakably existed prior to service. The Veteran contends that his preexisting condition was aggravated by active service, including in-service hospitalizations and fear of going to war with a seizure disorder. Additional development is required before the underlying claim can be adjudicated on the merits.
The deciding factor: The Board requires an addendum opinion from the November 2013 VA examiner or another appropriate clinician to determine whether there is clear and unmistakable evidence that the Veteran's seizure disorder was not aggravated beyond its natural progress by his active service, and if so, whether it is at least as likely as not related etiologically to the Veteran's active service.
- Claimed conditions
- Seizure disorder
- How they argued it
- Aggravation of a pre-existing condition
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- February 1, 2016
- Citation
- 1603266
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 1603266.
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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