The Board has remanded the cases for further development and consideration, including obtaining additional medical records and arranging for examinations to assess the severity of the Veteran's service-connected partial complex seizures with narcolepsy. The claims are also being referred to the VA Director of Compensation for consideration of extraschedular increased ratings.
The deciding factor: The Board found that remand was necessary due to incomplete development of the medical evidence and potential overlap between symptoms related to the Veteran's service-connected conditions and his nonservice-connected obstructive sleep apnea (OSA).
- Claimed conditions
- Partial Complex Seizures, Narcolepsy
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 19, 2019
- Citation
- 19187057
Veterans Law Judge
Decisions by this judge: 2,699 · Granted: 17% (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 19187057.
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.
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The Veteran's TBI is rated at 10 percent, and the Board has remanded to determine if he should receive a higher rating. The issue of whether he qualifies for total disability due to service-connected disabilities prior to October 18, 2019, is also being remanded.
- Granted
The Veteran's service-connected Major Depressive Disorder and Narcolepsy have been rated at 70 percent effective February 21, 2022. Effective April 19, 2023, the Veteran is granted a total disability rating for compensation purposes based on individual unemployability (TDIU) due to service-connected disabilities.
- Remanded (sent back)
The Board has remanded the claims for traumatic brain injury, migraines, and narcolepsy due to insufficient medical opinions addressing the Veteran's service connection claims.
- Granted
The Veteran's acquired psychiatric disorder, degenerative changes in the lower lumbar spine, and narcolepsy are service-connected. A total disability rating based on individual unemployability due to these conditions is also granted.
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