The Veteran's claim for an earlier effective date prior to January 1, 2012, for a 100% rating for his seizure disorder is denied. The RO has already granted an effective date of January 1, 2012, which was one year prior to the receipt of the increased rating claim.
The deciding factor: The increase in disability occurred within one year prior to the filing of the increased rating claim and thus the effective date is set as of the date the increase was 'factually ascertainable'.
- Claimed conditions
- Seizure Disorder
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 100%
- Decision date
- November 7, 2019
- Citation
- 19184642
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 a higher rating for TBI, an earlier effective date for TDIU and DEA benefits, and remanded service connection for seizure disorder.
- Denied
The Board denied service connection for a seizure disorder, headache disorder, and acquired psychiatric disorder as the evidence did not support a direct or secondary relationship to military service.
- Denied
The Board denied separate compensable ratings for a seizure disorder and migraine headaches associated with the Veteran's service-connected traumatic brain injury (TBI) residuals.
- Remanded (sent back)
The Board has remanded the Veteran's claims for increased disability evaluations and TDIU due to incomplete development, including failure to obtain VA examinations. The appeals are being returned to the AOJ for further action.
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