The claim for service connection for a seizure disability has been reopened. The Veteran's seizures during active duty are considered to be pre-existing, but the Board is remanding the case to determine if they were aggravated by service. Other secondary service connection claims are also being remanded.
The deciding factor: The Board found that new evidence raised a reasonable possibility of substantiating the claim for service connection for a seizure disability due to lay statements indicating more than one in-service seizure. However, further medical examination is needed to determine if the pre-existing condition was aggravated by service.
- Claimed conditions
- Seizure disorder, Chronic joint and muscle pain of the right side, Left knee disability, Hypertension, Blood in stool, Gastroesophageal reflux disorder (GERD), Chronic short-term memory loss, Erectile dysfunction, Loss of use of both buttocks
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 10, 2019
- Citation
- 19177936
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.
- Partly granted
The Board granted service connection for chronic headaches, CFS, dermatosis, bilateral RLS, a lumbar spine disability, and sleep apnea but denied a compensable evaluation for allergic rhinitis.
- Remanded (sent back)
The Board remands the claims for service connection for diabetes mellitus type II and hypertension, to include as secondary to left orchiectomy, for further development in accordance with the PACT Act.
- 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.
- Denied
The Board denied service connection for various disabilities and denied higher ratings for several service-connected conditions.
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