The Veteran's claim for an effective date prior to April 9, 2009 for a 100% evaluation for seizure disorder (now claimed as a neurological disorder) is denied.,The Veteran’s claims of service connection for left hand pain/numbness, right hand pain/numbness, numbness and tingling of the left foot, numbness and tingling of the right foot, and numbness of the left side of the face and body are remanded.,The Veteran's claim of service connection for a skin rash is remanded.,The Veteran’s claim of service connection for hepatitis C is remanded.,The Veteran’s claim of an evaluation greater than 10 percent for residual scarring status post-brain surgery to treat the service-connected seizure disorder is remanded.
The deciding factor: There are no other claims for an increase or relevant evidence prior to April 9, 2009.,The Veteran did not submit a notice of disagreement with the April 2007 rating decision. April 9, 2009 is the date of the Veteran’s first increased rating claim for his service-connected seizure disorder and is the earliest assignable effective date under the law.,There is no medical pathophysiologic relationship between the Veteran's seizure disorder and related brain surgery causing or leading to neuropathy since they are anatomically different physiological systems. The VA examiner failed to explain which physiological processes these conditions affect.,The sole rationale for the opinion may not be the absence of documentation in the Veteran’s service treatment records. The Veteran is competent to report that he received a tattoo during active service and his personnel records indicate that he served in Southwest Asia during the Gulf War. His reports of burn pit exposure are consistent with the circumstances of his service.,The VA examiner indicated that there was no pathology or diagnosis to render an opinion because the Veteran did not meet the criteria for chronic fatigue syndrome. However, February 2019 VA treatment records show a diagnosis for hypersomnia with sleep apnea.
- Claimed conditions
- Seizure Disorder (now claimed as a neurological disorder), Left hand pain/numbness, Right hand pain/numbness, Numbness and tingling of the left foot, Numbness and tingling of the right foot, Numbness of the left side of the face and body, Skin rash, Hepatitis C
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 28, 2021
- Citation
- 21004743
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 21004743.
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.
- Denied
The Board denied a compensable initial rating for Hepatitis C, finding that the Veteran's condition was asymptomatic and did not meet the criteria for any higher rating.
- Granted
The Board has determined that the Veteran's Hepatitis C with cirrhosis is related to service, and therefore grants service connection for these conditions.
- Partly granted
The Veteran's depressive disorder is granted as service-connected, with the Board finding it related to his active duty service and aggravated by his service-connected tibia fractures. The claim for hepatitis C is remanded due to inadequate medical opinions regarding its etiology.,Service connection for depressive disorder is established based on direct evidence of a current disability (depressive disorder) that was incurred during active duty service.
- Granted
The Veteran's service-connected Hepatitis C, lumbar DDD with strain, osteomyelitis, and loss of use of right foot disability rendered him so helpless as to be in need of regular aid and attendance. Effective October 28, 2008, the Veteran meets the criteria for SMC under various provisions.
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