The Board denied a rating more than 40 percent prior to December 5, 2008, for temporal lobe epilepsy as the evidence did not show that the Veteran averaged at least one major seizure in four months over the last year or nine to ten minor seizures per week.
The deciding factor: The Board found that the medical records did not support a rating more than 40 percent prior to December 5, 2008, as they showed the Veteran experienced only one major seizure in the previous six months and no significant number of minor seizures.
- Claimed conditions
- Temporal lobe epilepsy
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- June 17, 2025
- Citation
- A25053192
Veterans Law Judge
Decisions by this judge: 833 · Granted: 33% (granted or partly granted, in the indexed decisions on this site)
Judge attribution: 2025 complete; earlier years partial.
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 A25053192.
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: Remanded (sent back)
The Board has remanded the case for further development and an addendum opinion regarding the Veteran's eye disability, specifically whether it is caused or aggravated by his service-connected diabetes mellitus.
- Whole decision: Remanded (sent back)
The Board has remanded the Veteran's claims for an initial rating in excess of 30 percent and a rating in excess of 10 percent for temporal lobe epilepsy, effective November 18, 1970 and October 1, 1971 respectively. The case is held in abeyance pending resolution of the increased rating issues.
- Whole decision: Denied
The VA determined that the veteran's vocational goal is not reasonably feasible due to his service-connected disabilities, which prevent him from successfully pursuing a program of higher education and employment.
- Whole decision: Granted
The veteran's claim for reimbursement or payment of unauthorized private medical care, including transportation, received on October 27, 2000, was granted as the treatment was necessary due to an emergent condition and a VA facility was not feasibly available.
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