The Board found that the Veteran's epilepsy disability is adequately compensated by the assigned ratings, and thus denied a claim for an increased rating on an extraschedular basis.
The deciding factor: The evidence did not show any additional symptoms or manifestations of epilepsy beyond what was contemplated by the current ratings, nor were there extraordinary circumstances suggesting the need for an extraschedular rating.
- Claimed conditions
- Epilepsy
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 19, 2020
- Citation
- 20074409
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.
- Granted
The Board granted entitlement to a total disability rating based on individual unemployability due to service-connected disabilities (TDIU) on an extraschedular basis.
- Dismissed
The veteran's appeal for service connection for bilateral hearing loss and epilepsy was denied as the Board Appeal request was not timely filed, and good cause has not been shown to accept the late filing.
- Denied
The Board denied the veteran's claims for increased ratings for erectile dysfunction, epilepsy, bowel dysfunction, and degenerative joint disease of the lumbar spine with intervertebral disc syndrome.
- Granted
The Veteran's service-connected epilepsy has progressed to a severity where it alone is sufficient to preclude him from being able to function in any work setting for which he possesses the necessary skills, leading to his leaving full-time employment. The Board finds that as of February 4, 2015, the Veteran was unemployable due to his service-connected disabilities and grants a TDIU effective on that date.
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