The Board has remanded the claims for service connection for a seizure disorder and lumbar spine DJD, including as secondary to the service-connected left knee disability. The appeal is being returned to the AOJ so that any outstanding VA treatment records are obtained.
The deciding factor: The Joint Motion for Remand (JMR) instructed the Board to obtain all relevant VA treatment records from May 1990 to the present, including those from the Birmingham, Alabama VAMC and Tennessee Valley HCS in Nashville, Tennessee.
- Claimed conditions
- seizure disorder, lumbar spine, degenerative joint disease (DJD)
- How they argued it
- Reopened with new and material evidence
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 28, 2020
- Citation
- 20069928
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.
- Dismissed
The appeal for service connection for cervical spine arthritis, lumbar spine arthritis, traumatic brain injury (TBI), seizure disorder, and erectile dysfunction has been dismissed due to the Veteran's death.
- Partly granted
The Veteran was granted an initial disability rating of 40 percent for lumbosacral strain, DJD, from December 17, 1997 to June 3, 2022, and the effective date for service connection for bilateral lower extremity radiculopathy was also set at December 17, 1997. However, a higher rating or TDIU was denied.
- Granted
The veteran was granted a total disability rating based on individual unemployability due to his service-connected disabilities.
- Granted
The Board granted an earlier effective date of June 4, 2015 for special monthly compensation (SMC) based on the need for aid and attendance.
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