How the Board ruled on seizure disorder claims, 2021–2025

Seizure disorder (direct service connection)

Direct (began in or was caused by service), or theory not stated in the Board order

29.7% granted of 195 decided cases (margin of error 23.8–36.5%). 58 granted, 137 denied, 333 sent back to VA (remanded, not decided), 38 dismissed.

What convinced the Board in granted cases

• The Board gave great weight to private or treating physicians' opinions that reviewed the full record, considered the veteran's history and in-service events, and gave a complete, reasoned rationale, sometimes citing literature. (4 of 11 decisions read; e.g. 22041068, A24011348, A24050780)
• The Board accepted the veteran's credible, consistent account of seizures or spells starting in service and continuing since, often backed by service records or witnesses. (6 of 11 decisions read; e.g. A24035048, A24047626, 21075746)

Common reasons in denied cases

• The Board denied when no medical opinion linked the seizures to service and only the veteran's own belief about the cause was offered, which was not competent medical evidence. (5 of 13 decisions read; e.g. 21074113, 21053979, A21007869)
• Many claims failed because there was no current seizure diagnosis, testing was negative, or the seizures had resolved before the claim. (5 of 13 decisions read; e.g. 22003103, 23001622, 21063027)
• Some claims failed because service records showed no seizures and the condition first appeared many years after service. (4 of 13 decisions read; e.g. 24025645, 21053979, 23019764)

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Seizure disorder secondary to any service-connected condition

Secondary (caused or worsened by a service-connected condition)

39.1% granted of 64 decided cases (margin of error 28.1–51.3%). 25 granted, 39 denied, 77 sent back to VA (remanded, not decided), 2 dismissed.

What convinced the Board in granted cases

• The Board gave little or no weight to VA opinions that were conclusory, did not address whether a service-connected condition worsened the seizures, or ignored the veteran's own description of symptoms. (3 of 12 decisions read; e.g. 23030288, 21061519, 22051174)
• The Board granted when a medical opinion, often from a VA neurologist or VA physician, linked the seizures to a service-connected condition or to treatment for it, after reviewing the records. (5 of 12 decisions read; e.g. 21052205, 22051174, 23030288)
• Consistent, credible accounts from the veteran or family, such as a spouse describing seizure activity, helped support the claim even when service records were silent. (2 of 12 decisions read, few decisions; e.g. 21050471, 22045809)

Common reasons in denied cases

• The Board denied when a thorough VA opinion, based on the file and a clear rationale, found no link to the service-connected condition and nothing of equal weight rebutted it. (6 of 14 decisions read; e.g. 22004839, 21035622, 24005539)
• There was no medical opinion supporting a link, only the veteran's own belief or general internet articles, which the Board did not treat as competent medical evidence. (6 of 14 decisions read; e.g. 22015518, 23010659, 23029356)
• Some claims failed because there was no true seizure disorder diagnosed (for example, stress reactions treated as part of a mental health condition) or the claimed primary condition was not service-connected. (4 of 14 decisions read; e.g. 21038064, 21040811, 23000915)

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Seizure disorder secondary to PTSD

Secondary (caused or worsened by a service-connected condition)

Small sample: 14 decided cases, too few for a reliable percentage. 5 granted, 9 denied, 11 sent back to VA (remanded, not decided), 0 dismissed.

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