The Veteran's claim for a rating in excess of 40 percent for seizure disorder has been denied. The Board found that the evidence did not show an average of at least one major seizure in 4 months over the last year, or 9 to 10 minor seizures per week.,Fatigue and TBI secondary to seizure disorder were remanded due to inadequate examination reports.
The deciding factor: The Veteran's seizure disorder did not meet the criteria for a higher rating as it was not manifested by at least one major seizure in 4 months over the last year, or 9 to 10 minor seizures per week.,Fatigue and TBI were remanded due to inadequate examination reports that failed to address the Veteran's lay statements regarding his seizures causing head injuries.
- Claimed conditions
- Seizure Disorder, Fatigue, Traumatic Brain Injury (TBI)
- How they argued it
- Secondary to another service-connected condition
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- May 16, 2022
- Citation
- 22028739
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 22028739.
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.
- Granted
The Board has granted service connection for a traumatic brain injury (TBI) and its residuals, including unsteady gait, somnolence, and cognitive dysfunction. The decision is based on the Veteran's credible lay statements about in-service head injuries and subsequent seizures.
- Denied
The Board has determined that the Veteran does not have a current diagnosis of Traumatic Brain Injury (TBI) and therefore, service connection for TBI is denied.
- Granted
The Veteran's claim for special monthly compensation based on aid and attendance due to service-connected TBI with PTSD is granted, effective September 6, 2018.
- Granted
The Veteran's claim for special monthly pension (SMP) based on the need for aid and attendance is granted due to his cognitive impairment resulting from a motor vehicle accident in 2018, which has rendered him unable to work and needing assistance with daily activities.
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