The Board has remanded the case due to an inadequate VA opinion regarding the Veteran's seizures prior to August 20, 2013. The Veteran will need a new medical opinion to address the adequacy of the April 2021 VA opinion and its consideration of relevant private opinions.
The deciding factor: The Board found that the April 2021 VA clinician did not adequately consider the December 2008 private opinion from Dr. Burton and the January 2011 VA examination in their assessment of the Veteran's seizures prior to August 20, 2013.
- Claimed conditions
- Seizure disorder
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- July 13, 2023
- Citation
- 23038969
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 23038969.
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.
- Denied
The Veteran's claim for an earlier effective date for a seizure disorder rating of 20 percent is denied as the evidence does not show that his condition increased in severity within one year after separation from service.
- Granted
The Veteran's service-connected disabilities, including PTSD, cervical spine disability, and seizure disorder, render him unable to secure and follow a substantially gainful occupation. Therefore, the Board has granted his TDIU application.
- Denied
The Veteran's seizure disorder is rated at 10 percent, and the Board finds that a higher rating is not warranted as he has not had any seizures in over two years.
- Remanded (sent back)
The Board has remanded the case due to a failure to obtain an adequate opinion regarding the cause of death and its relation to service, including in-service dental treatment. The Veteran died from acute renal failure, metastatic melanoma, cerebral metastasis, or seizure disorder.
Free starter guide for your own claim
Reading this because you were denied or under-rated? Get the plain-English next steps — your appeal options, the deadline that protects you, and how appeals like yours turn out. One email, no spam.
We will only use this to send the guide. No spam, unsubscribe any time. We never sell your information.
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.