The Board has found that the Veteran's service connection claim for epileptic seizures should be remanded due to a duty-to-assist error and new evidence received during the hearing. The AOJ needs to conduct further development, including obtaining a VA examination.
The deciding factor: The Veteran provided credible testimony about his exposure to contaminated air in Kuwait, which may have caused his seizure condition.
- Claimed conditions
- epileptic seizures
- How they argued it
- Direct service connection
- Exposure basis
- Burn pits / airborne hazards
- Rating assigned
- None in this decision
- Decision date
- December 5, 2023
- Citation
- A23034647
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. Read the original VA decision (opens in a new tab) using citation A23034647.
What this means for you
A remand sends an issue back for more development, often a new examination or missing records. It does not award the benefit or decide the final outcome. The original decision explains the additional work ordered.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Dismissed
The Veteran withdrew his appeal before a hearing could be scheduled, so the case is dismissed.
- Granted
The Veteran's service connection claims for epileptic seizures and traumatic brain injury (TBI) are granted. The Board found that the onset of both conditions occurred during service, with no pre-service issues or other causes.
- Dismissed
The Veteran's appeal was dismissed due to their death during the pendency of the appeal. The Board cannot issue a decision on the underlying claims at this time.
- Granted
The Board has granted a 40 percent disability rating for epileptic seizures, grand mal from June 1, 2017 to April 30, 2018. The Veteran's epilepsy is rated under the General Rating Formula for Major and Minor Epileptic Seizures.
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