The Board denied the Veteran's claim for an earlier effective date for service connection of convulsive disorder, finding that there was no clear and unmistakable error in the October 1976 rating decision. The earliest possible effective date is September 26, 2011.
The deciding factor: The RO determined that the Veteran's pre-existing convulsive disorder did not become aggravated during service beyond normal progression, based on a Medical Board determination. There was no clear and unmistakable error in this decision as the correct facts were before the RO and the regulations applied correctly at the time.
- Claimed conditions
- Convulsive Disorder
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- December 4, 2017
- Citation
- 1755509
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 1755509.
What this means for you
A denial is a starting point, not the end of the road. You can see why this claim fell short — and, if you are still inside the one-year window, the appeal lanes that may remain open to you.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Remanded (sent back)
The Veteran's appeal is limited to the issue of entitlement to an increased rating for his convulsive disorder on an extraschedular basis. The Board has ordered remand due to outstanding VA treatment records and a need for updated information regarding employment status.
- Granted
The RO reduced the Veteran's rating for his service-connected convulsive disorder from 20 percent to 10 percent effective July 1, 2008. The reduction was proper as there was no evidence of grand mal seizures in over two decades and medical records did not attribute the Veteran's symptoms to a convulsive disorder.
- Denied
The evidence does not support a conclusion that the veteran has experienced one major seizure in the last six months or two in the last year, nor an average of five to eight minor seizures per week. Therefore, her claim for an increased rating for convulsive disorder is denied.
- Denied
The Board denied the veteran's claims for increased ratings for his service-connected lumbar myositis, psychoneurosis and conversion hysteria, residuals of shrapnel wounds of the left thigh and pelvis with retained foreign bodies and scars, and residuals of shell fragment wounds of the right thigh and left leg. The veteran was also denied entitlement to a total disability rating based on individual unemployability due to service-connected disabilities.
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