The Veteran's seizures are rated at a 60 percent rating, effective from the date of the decision. The claims for increased ratings for TBI and radiculopathies remain pending and will be remanded to allow for further development.
The deciding factor: The August 2022 opinion noted discrepancies in the diagnosis of the Veteran's symptoms and recommended a new examination to resolve these issues, which is necessary before determining appropriate rating levels.
- Claimed conditions
- Seizures, Traumatic Brain Injury (TBI), Left Upper Extremity Radiculopathy, Left Lower Extremity Sciatic Nerve
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 27, 2022
- Citation
- 22060474
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 22060474.
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 granted a rating of 70 percent for posttraumatic stress disorder (PTSD) and traumatic brain injury (TBI), as the Veteran's symptoms most nearly approximated occupational and social impairment with deficiencies in most areas.
- Granted
The Veteran's effective date for the award of a 100 percent rating for PTSD with alcohol use disorder moderate and TBI was granted as of October 22, 2019.
- Denied
The Board denied earlier effective dates for the grant of service connection and increased evaluations for GERD, sinusitis, allergic rhinitis, and TBI.
- 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.
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