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
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What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Denied
The Board has denied service connection for the claimed conditions as there is no persuasive evidence of current diagnoses or in-service incurrence or aggravation.
- Denied
The Board denied an increased rating for the Veteran's right hip disability, finding that her current 10 percent rating adequately reflects her symptoms and limitations.
- Remanded (sent back)
The Board has decided to remand the case due to inadequate medical opinion regarding the etiology of the Veteran's right hip disability, which may be related to service or secondary to his service-connected bilateral pes planus.
- Granted
The Board has granted service connection for both a right hip disability and a left hip disability, finding that the Veteran's observable symptoms of pain and stiffness began during his active service and have persisted.
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