The Veteran's right and left hip disabilities are rated at 10% each, with no higher ratings due to the extent of limitation of motion.,For his seizure disorder prior to May 31, 2016, a rating in excess of 80% is denied. The evidence does not show more than one major seizure per month as required for an increased rating.,Following May 31, 2016, the Veteran's seizure disorder warrants no higher than a 40% rating. There is insufficient evidence to support a 60% or higher rating.
The deciding factor: The objective findings from the VA examinations do not meet the criteria for a higher rating due to limitation of motion.,There were no more than one major seizure per month in the prior period, which does not meet the requirement for an increased 100% rating under Diagnostic Code 8911.,The evidence shows that seizures occurred less frequently (every 3-4 months) following May 31, 2016, which is insufficient to warrant a higher than 40% rating.
- Claimed conditions
- Right Hip Disability, Left Hip Disability, Seizure Disorder
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- December 17, 2018
- Citation
- 18158624
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 18158624.
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.
- Denied
The Board denied service connection for an acquired psychiatric disorder, right hip disability, left hip disability, lumbar strain and sacroiliac joint pain with left lower extremity radiation, and right great toe ingrown toenail and onychomycosis as the evidence did not show a causal relationship between these conditions and the Veteran's military service.
- Denied
The Board denied a higher rating for TBI, an earlier effective date for TDIU and DEA benefits, and remanded service connection for seizure disorder.
- Partly granted
The Board denied service connection for obstructive sleep apnea and remanded claims for a right hip disability and left hip disability due to the Veteran not being properly notified of scheduled VA examinations.
- Granted
The Board granted a 10 percent rating for left hip disability based on limitation of flexion and the maximum schedular 10 percent rating for left hip disability based on limitation of extension, subject to the laws and regulations governing the award of monetary benefits.
Free starter guide for your own claim
Reading this because you were denied or under-rated? Get the plain-English next steps — your appeal options, the deadline that protects you, and how appeals like yours turn out. One email, no spam.
We will only use this to send the guide. No spam, unsubscribe any time. We never sell your information.
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.