Epilepsy & seizure disorders decisions — 2000

The veteran's claim for restoration of special monthly pension benefits based on the need for regular aid and attendance or at the housebound rate is denied due to his failure to cooperate with scheduled VA examinations.

The veteran's appeals to reopen claims of service connection for a neurosis, traumatic brain disease, a bronchial disorder, and a seizure disorder were dismissed as he did not file a timely substantive appeal.

The Board has ordered the VA to obtain records from a treatment facility in Lyons, New Jersey. The veteran's claim for service connection will be reviewed again after this additional information is obtained.

The veteran's claim for an increased evaluation of his seizure disability was denied, and the issue of entitlement to a total disability rating based on unemployability due to service-connected disability is also denied. The current evaluation remains at 20 percent.

The Board has determined that the veteran's total disability rating for service-connected seizure disorder is granted, with reasonable certainty that his condition will continue throughout his lifetime.

The veteran's claims for increased evaluations of PTSD, left temporal seizure disorder, and headaches have been denied. The RO found that the additional evidence submitted did not contain any finding or report pertaining to those disorders that would change the prior determination.

The Board denied the veteran's claims for service connection for a seizure disorder and an increased rating for cervical muscle spasms, finding that there was no medical evidence linking these conditions to his military service.

The appellant has presented recent medical evidence suggesting he had a psychosis and seizure disorder prior to his military discharge, which may be related to the in-service offenses. The Board finds that new and material evidence has been submitted to reopen the claim as to whether the character of his discharge constitutes a bar to VA benefits.

The Board has remanded the case due to insufficient evidence regarding in-service head injury and current seizure disorder. The veteran is required to provide lay statements corroborating his allegations of an in-service head injury, and VA must obtain a complete copy of the November 1949 service medical record.

The Board has determined that the veteran's claim for a rating in excess of 20 percent for his service-connected seizure disorder is well grounded. The RO increased the evaluation to 10 percent effective September 15, 1975, based on a liberalizing law.

The veteran's multiple service-connected disabilities, including Crohn's disease and organic personality syndrome, prevent him from successfully pursuing vocational rehabilitation and becoming gainfully employed.

The veteran's need for regular aid and attendance due to his disabilities has been established, resulting in the grant of special monthly pension based on this need.

The Board has granted a 100 percent rating for the veteran's seizure disorder, effective from September 30, 1992. The claim for higher SMC based on need for regular aid and attendance of another person is also granted.

The Board denied the veteran's claim for service connection for a seizure disorder, finding that there was no evidence of a chronic condition during or within one year after service and concluding that any seizures were due to substance abuse.

The Board found no medical evidence linking the appellant's current seizure disorder to his military service and denied his claim for service connection.

The Board found that the appellant's current memory deficits and seizure disorder are not related to his military service, but rather may be due to pre-existing conditions or excessive alcohol consumption.

The service-connected traumatic encephalopathy and its residuals were found to have contributed substantially or materially to the veteran's death, which was caused by severe cardiomyopathy. The Board granted service connection for the cause of the veteran's death.

The Board found that the veteran's last seizure occurred in September 1993, and his current condition does not meet the criteria for a 60 percent evaluation. The claim for an increased evaluation was also denied.

The veteran's disabilities, including post-traumatic encephalopathy with major motor seizures and schizophrenia, prevent him from achieving a vocational goal due to his history of chronic unemployment.

The Board denied the veteran's claims for increased ratings for bilateral plantar warts and compensable rating for hemorrhoids, as well as his service connection claims for nerve damage to the hands and wrists (claimed as carpal tunnel syndrome), dizziness (claimed as vertigo and a black-out seizure disorder), and headaches. The clothing allowance claim was denied.