The Veteran's claims for increased ratings and TDIU were denied. The Board found that the Veteran did not meet the criteria for a higher rating for his generalized tonic-clonic seizure disorder, PTSD, major depressive disorder, panic disorder with agoraphobia, and adjustment disorder prior to July 27, 2012, but remanded the issues for further development.
The deciding factor: The evidence showed that the Veteran did not meet the criteria for a higher rating under the applicable diagnostic codes due to his seizure disorder and psychiatric conditions. The Board found that he did not have at least one major seizure in four months over the past year or nine to ten minor seizures per week, nor did he exhibit occupational and social impairment with reduced reliability and productivity as required by the criteria for a higher rating.
- Claimed conditions
- Generalized tonic-clonic seizure disorder, Posttraumatic stress disorder (PTSD), Major depressive disorder, Panic disorder with agoraphobia, Adjustment disorder
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 17, 2019
- Citation
- 19104175
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.
- Granted
The Board granted service connection for PTSD, resolving reasonable doubt in the Veteran's favor and finding that his PTSD is related to an in-service military sexual trauma (MST) during a period of ACDUTRA.
- Partly granted
The Board granted an effective date of May 17, 2019, for a 70 percent disability rating for PTSD but denied earlier effective dates for service connection for bilateral hearing loss and tinnitus.
- Partly granted
The Board granted readjudication of previously denied claims for service connection for PTSD and COPD, while remanding other issues including entitlement to service connection for an eye disorder, hypertension, tinnitus, a compensable rating for bilateral hearing loss, TDIU, and an initial rating for PTSD.
- Granted
The Board granted initial ratings of 40 percent for lumbar spine disorder, 70 percent for major depressive disorder, and 40 percent for left lower extremity radiculopathy. TDIU and SMC based on housebound status were also granted.
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