Citation Nr: 21069352
Decision Date: 11/18/21	Archive Date: 11/18/21

DOCKET NO. 16-10 655
DATE: November 18, 2021

REMANDED

The claim for service connection for seizure disorder is remanded.

REASONS FOR REMAND

The appellant served on active duty from January to February 2008. In an April 2014 rating decision, the Regional Office denied his claim for service connection for seizure disorder. He appealed. In March 2021, the Board determined that the appellant's seizure disorder had clearly and unmistakably preexisted his service and remanded the claim for an addendum opinion as to the issue of aggravation. 

Although the appellant neither appeared for nor provided a good cause for missing the examination as scheduled, the March 2021 Board remand order requested an addendum opinion rather than an in-person examination. 

Accordingly, the matters are REMANDED for the following action:

1. Obtain an addendum medical opinion as to the progression of the appellant's preexisting seizure disorder.  The clinician is asked to answer the following questions:

a)	Is it clear and unmistakable (meaning no reasonable minds could differ on the conclusion) that the preexisting seizure disorder was not aggravated (meaning made worse beyond its natural progression) during (meaning due or incidental to) his service? Why or why not?

The clinician should review the entire claims file, clearly cite to any medical authority relied upon, and provide a thorough and sound rationale for every conclusion reached by connecting general medical knowledge to the appellant's specific circumstances. 

In forming the opinion, the clinician should consider and expressly address the service treatment records (STRs) pertaining to a seizure treatment in service and his lay statements regarding the rigors of military training in causing his seizure. 

 

S. Sorathia 

Acting Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	Alex Bardin, Associate 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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.