The Board remands the Veteran's claim for service connection for grand mal epilepsy due to a pre-decisional duty to assist error in the VA etiological opinion.
The deciding factor: The VA examiner's conclusion was based on an inaccurate premise that the Veteran's initial seizure occurred before his period of active service, which is factually incorrect according to the record evidence.
- Claimed conditions
- epilepsy, grand mal
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 12, 2024
- Citation
- A24073845
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.
- 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.
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.