The Board remands the issues of entitlement to service connection for multiple sclerosis and a seizure disorder, diagnosed as epilepsy, due to unverified service and procedural errors in the duty to assist.
The deciding factor: Remand is necessary to correct an error by the AOJ in satisfying a regulatory and statutory duty that, when corrected, serves a reasonable possibility of aiding in substantiating the appellant's appeal.
- Claimed conditions
- Multiple sclerosis, Seizure disorder, diagnosed as epilepsy
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 13, 2021
- Citation
- 21063089
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.
- Remanded (sent back)
The Board remands the claim for service connection for multiple sclerosis to correct a duty to assist error in obtaining relevant private treatment records.
- Partly granted
The veteran was granted a total disability rating based on individual unemployability from May 11, 2016, and the claim for an earlier effective date for special monthly compensation under 38 U.S.C. § 1114(s) was denied.
- Partly granted
The Board granted service connection for an acquired psychiatric disorder as secondary to the Veteran's service-connected disabilities. The claims for myofascial pain syndrome and a seizure disorder were remanded.
- Remanded (sent back)
The Board remands the issue of entitlement to a rating in excess of 40 percent for a seizure disorder prior to January 22, 2019, for further action.
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