Citation Nr: 21066104
Decision Date: 10/28/21	Archive Date: 10/28/21

DOCKET NO. 12-24 225
DATE: October 28, 2021

REMANDED

Entitlement to a disability rating in excess of 20 percent for generalized seizure disorder, to include restoration of the 40 percent rating previously assigned, is remanded.

REASONS FOR REMAND

The Veteran had active service from March 1995 to August 2005.  This matter comes before the Board of Veterans' Appeals (Board) on appeal from a June 2012 rating decision that reduced the evaluation for the service-connected generalized seizure disorder from 40 percent to 20 percent, effective September 1, 2012.  In December 2016, the Board remanded this appeal to provide the Veteran with a hearing before the Board as requested.  The Veteran did not attend the hearing scheduled in September 2021.

Entitlement to a disability rating in excess of 20 percent for generalized seizure disorder, to include restoration of the previously assigned 40 percent disability rating

In an August 2012 statement on the Veteran's VA Form 9, Substantive Appeal, the Veteran asserted that his seizure disability has increased in severity since he was last examined by VA.  He highlighted a recent increase in his medication for this condition.  While simply being remote in time does not make a VA examination inadequate, it has been more than a decade since the Veteran's last VA examination.  The Veteran should be provided an opportunity to report for a VA examination to ascertain the current severity and manifestations of his generalized seizure disorder. This matter is REMANDED for the following actions:

1. Obtain the Veteran's VA treatment records for the period from December 2011 to the Present.

2. Schedule the Veteran for an examination by an appropriate clinician to determine the current severity of his service-connected generalized seizure disorder.  The examiner should provide a full description of the disability and report all signs and symptoms necessary for evaluating this disability under the rating criteria.

3. After the above development, and any additionally indicated development, has been completed, readjudicate the issue on appeal.  If the benefit sought is not granted to the Veteran's satisfaction, send the Veteran and his representative a Supplemental Statement of the Case and provide an opportunity to respond.  If necessary, return the case to the Board for further appellate review.

 

 

THERESA M. CATINO

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	Steven H. Johnston, Counsel

The Board's decision in this case is binding only with respect to the instant matter decided. This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.