The appeal for service connection for a seizure disorder was denied as new and material evidence was not received to reopen the previously denied claim. The claims for increased disability evaluations were remanded due to the Veteran's failure to report for scheduled VA examinations.
The deciding factor: The evidence submitted since the June 2015 rating decision is not new and material, as it does not demonstrate a causal or etiological relationship between the seizure disorder and service. The Veteran failed to attend his scheduled VA examinations without providing valid reasons.
- Claimed conditions
- Seizure Disorder, Anxiety Disorder, Not Otherwise Specified (NOS), Peripheral Neuropathy of the Right Lower Extremity, Peripheral Neuropathy of the Left Lower Extremity, Left Ear Hearing Loss
- How they argued it
- Reopened with new and material evidence
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 16, 2024
- Citation
- 24002251
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.
- Remanded (sent back)
The Board remands the claim for a total disability rating based on individual unemployability (TDIU) due to an unclear employment history and a pre-decisional duty to assist error.
- Partly granted
The Board denied the veteran's claims for increased ratings and service connection, except for a 20 percent rating for lumbosacral strain.
- Granted
The Board granted an initial evaluation of 70 percent for the Veteran's acquired psychiatric disability, to include PTSD, anxiety disorder, and major depression.
- Partly granted
The Board denied an initial compensable rating for migraines and remanded the claim for service connection for an acquired psychiatric disorder, to include an anxiety disorder.
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