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 assigned
- None in this decision
- Decision date
- June 17, 2025
- Citation
- A25053192
Veterans Law Judge
Decisions by this judge: 833 · Granted: 33% (granted or partly granted, in the vetted 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. Look up the original decision on VA.gov (opens in a new tab) using citation A25053192.
What this means for you
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What you can do next
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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.
- 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.
- Denied
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- Granted
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