The Board denied a rating in excess of 40 percent for epilepsy and a rating in excess of 20 percent for back disability, but granted a total disability rating based on individual unemployability (schedular TDIU) from October 23, 2019.
The deciding factor: The evidence did not support the criteria for higher ratings due to the frequency and severity of the Veteran's conditions during the appeal period.
- Claimed conditions
- epilepsy, mild scoliosis with mild central spinal canal stenosis at L4-L5, to include lumbar spondylosis and decrease bone mineral of the lumbar spine (back disability)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 21, 2024
- Citation
- A24067364
What this means for you
A partial grant means some issues were granted while others were denied or remanded — common in multi-issue claims. Look at which issues went which way, and how each was argued.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Denied
The Board denied service connection for seizures, to include epilepsy, as the evidence did not support a finding that the Veteran had a current diagnosis of such a disorder related to his military service.
- Partly granted
The Board denied service connection for epilepsy, bilateral detached retina (previously rated as blurred vision), cervical spine condition, and migraine headaches. However, it granted service connection for hypertension and earlier effective dates for lumbar spine disability, left lower extremity sciatic nerve radiculopathy, right lower extremity sciatic nerve radiculopathy, and PTSD.
- Remanded (sent back)
The Board remands the service connection claims for carotid artery stenosis, cerebral aneurysm, constipation, epilepsy, and hypertension to correct a pre-decisional duty-to-assist error.
- Denied
The Board denied the Veteran's appeal to restore a 40 percent rating for his service-connected epilepsy, finding that there was an actual improvement in his condition as it pertains to his ability to function under ordinary conditions of life and work.
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