The Veteran's claim for a higher evaluation of ptosis, left eye was denied as the evidence did not show impairment in visual acuity or scarring and disfigurement.,The Veteran's claim for compensation under 38 U.S.C. § 1151 for seizures due to cervical spine surgery was also denied.
The deciding factor: The objective medical evidence of record did not meet the required evaluation criteria for an increased rating, including for impairment of visual acuity and scarring and disfigurement.,There is no evidence showing that the Veteran's seizures are directly related to his cervical spine surgery. The claim was denied as there is insufficient connection between the service-connected condition and the claimed disability.
- Claimed conditions
- ptosis, left eye, seizures
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- September 26, 2023
- Citation
- 23053397
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 23053397.
What this means for you
A final Board denial may be appealed to the U.S. Court of Appeals for Veterans Claims, generally within 120 days of the Board mailing date. A Supplemental Claim with new and relevant evidence is a separate option. Another Higher-Level Review of the Board decision is not available. Check your own notice: this historical decision does not set your deadline.
What you can do next
Use your own notice and decision stage. A remanded issue is not a final court-appealable denial. VA review guidance and CAVC filing instructions (U.S. federal; reviewed October 7, 2026).
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Whole decision: Granted
The Board has granted the Veteran's claim for service connection for syncopal episodes, finding that these episodes are secondary to her service-connected migraine headaches.
- Whole decision: Granted
The Veteran's seizures are granted as secondary to the service-connected scar tissue from a 1969 head surgery.
- Whole decision: Granted
The Veteran's angioedema, hypertension, seizures, obstructive sleep apnea, and thyroid cancer residuals are all service-connected. The rating for angioedema is denied as it meets the maximum evaluation. Hypertension receives a 10 percent rating prior to December 29, 2019 and no higher thereafter. SMC based on need for aid and attendance is granted.
- Whole decision: Remanded (sent back)
The Board has remanded the case due to inadequate exposure records and medical opinions, and because the issues of service connection for brain tumor, migraine headaches, and seizures are intertwined.
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