The Board has remanded the case for a comprehensive medical opinion to determine if the Veteran incurred additional disability as a result of VA's actions during his hospitalization, including the prescribing of Depakote or any delay in changing course.
The deciding factor: The current opinions are inadequate and do not address all key facts, such as when the Depakote was prescribed, what occurred after its prescription, and comparing the Veteran's medical status before and after the April 2001 hospitalization.
- Claimed conditions
- Encephalopathy, Weakness and wrist drop in the right hand and wrist (radial nerve palsy), Seizures, Loss of bladder control, Loss of concept of time, Limited use of the right hand
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 5, 2022
- Citation
- 22056441
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 22056441.
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.
- Partly granted
The Board granted a 20 percent disability rating for seizures prior to October 18, 2019, and denied a higher rating from that date. The Veteran was also granted service connection for a stroke and its residuals, as well as special monthly compensation based on the need for aid and attendance.
- Granted
The Veteran is granted special monthly compensation (SMC) based on the need for regular aid and attendance, effective December 8, 2025.
- Granted
The Board granted an effective date of September 26, 2021, for the award of an initial 100 percent rating for seizures and related benefits.
- Remanded (sent back)
The Board remands the claims for service connection for the Veteran's cause of death and Dependency and Indemnity Compensation under 38 USC 1318 due to a need for a medical opinion regarding the etiology of the Veteran's causes of death, considering toxic exposure at Camp Lejeune.
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