The Veteran's death was caused by a motor vehicle accident, and the appellant contends that his service-connected seizure disorder contributed to the accident. The Board has remanded for an addendum opinion from a VA physician regarding the etiology of the Veteran’s cause of death.
The deciding factor: The Board found insufficient evidence to support the claim that the Veteran's service-connected seizure disorder caused or materially contributed to his death, and thus remanded for further clarification on this issue.
- Claimed conditions
- Seizure disorder, Posttraumatic stress disorder (PTSD), Degenerative disc disease with disc herniation and right lower extremity radiculopathy, Left foot status post bunionectomy and residual fracture, Left ear tinnitus, Hypertension, scar, and migraine headaches
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- February 7, 2019
- Citation
- 19109817
Veterans Law Judge
Decisions by this judge: 1,886 · Granted: 24% (granted or partly granted, in the vetted decisions on this site)
Judge attribution: 2025 complete; earlier years partial.
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 19109817.
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 Veteran is granted special monthly compensation (SMC) at the (o) rate and SMC at the (r)(2) rate, effective January 19, 2025. The decision finds that the Veteran's service-connected conditions warrant these awards due to his need for aid and attendance.
- Remanded (sent back)
The Board has identified a contradiction in the AOJ's determinations regarding the Veteran's need for aid and assistance, which requires clarification. The remanded issues are entitlement to SMC based on the need for regular aid and attendance of another and on the basis of statutory housebound status.
- Dismissed
The Veteran's appeals for increased rating and earlier effective date for PTSD have been dismissed due to her withdrawal of the appeal.
- Remanded (sent back)
The Board has granted service connection for a right knee scar secondary to the Veteran's service-connected right knee disability status post knee replacement. However, the rating for PTSD remains at 30 percent and needs to be re-adjudicated due to a failure to obtain private mental health treatment records.
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