The Board granted a 20 percent rating for partial complex seizures from December 7, 2016 through March 22, 2018, but denied higher ratings before that date and after March 22, 2018. The Board denied higher ratings for lumbar spine degenerative disc disease and granted an effective date of February 9, 2010 for sciatic nerve radiculopathy of both lower extremities.
The deciding factor: The Board found that medical evidence of record showing seizures in remission prior to December 7, 2016 had greater probative value than the veteran's lay statement; seizure activity of 2-3 minor episodes per week from December 7, 2016 through March 22, 2018 met the 20 percent rating criteria; and evidence of night terrors and fewer than 5 minor seizures weekly after March 23, 2018 did not support ratings higher than 20 percent.
- Claimed conditions
- Partial complex seizures, Lumbar spine degenerative disc disease, status post-surgery, Sciatic nerve radiculopathy of the left lower extremity, Sciatic nerve radiculopathy of the right lower extremity
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 20%
- Decision date
- January 9, 2020
- Citation
- 20001411
What this means for you
A partial grant means some issues were granted while others were denied or remanded — common in multi-issue claims. Look at which issues went which way, and how each was argued.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Partly granted
The Board granted an initial 20 percent rating for lumbar spine degenerative disc disease prior to September 9, 2020 and earlier effective dates of March 5, 2020 for the award of service connection for left and right lower extremity radiculopathy.
- Denied
The Board denied the Veteran's claims for a compensable rating for left ear hearing loss and service connection for major depressive disorder, among other issues. The decision also remanded several claims for further development.
- Dismissed
The appeal for service connection for heart disease was dismissed, and the claims for erectile dysfunction, sleep apnea, lumbar spine degenerative disc disease, and COPD were denied. The claim for chronic hip pain was remanded.
- Partly granted
The Board granted service connection for prostate cancer and lumbar spine degenerative disc disease, but denied service connection for a left ankle disability. The right shoulder and right eye disabilities were remanded for further examination.
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