Epilepsy & seizure disorders decisions — 2000

The Board has determined that new and material evidence has not been submitted to reopen the veteran's claim for service connection for a seizure disorder. The evidence does not establish whether the condition existed prior to military service or if it worsened during any period of service.

The Board found no evidence of a chronic acquired psychiatric disorder related to service and denied the veteran's claim for service connection. The seizure disorder issue was not addressed as it is unclear if the appeal was about service connection at all.

The Board has determined that the veteran's claim for service connection for a seizure disorder, secondary to his service-connected PTSD, is not well-grounded. The issue of an increased rating for PTSD remains in appellate status.

The Board found that the veteran's seizures and hypertension were not incurred or aggravated by service, as there was no medical evidence linking these conditions to her military service.

The Board denied the veteran's claims for an increased evaluation of his service-connected atypical seizure disorder and for service connection of major depression, finding that there was insufficient evidence to support either claim.

The Board denied the veteran's claims of service connection for a stab wound of the back, seizure disorder, and left leg edema. The decision was based on the absence of new and material evidence to reopen the claim for a stab wound of the back.

The veteran's epilepsy, grand mal seizures were previously rated at 100% and reduced to 40%. The Board finds that the reduction was improper due to lack of material improvement in seizure activity.

The Board has granted an increased rating of 80 percent for the veteran's seizure disorder with headaches, finding that he meets the criteria for this rating based on more than 10 minor seizures per week.

The appellant's request for a hearing has been postponed due to the need for additional evidence. The case is being remanded to ensure full compliance with VA's due process requirements.

The Board has determined that the veteran's seizure disorder, diagnosed as epilepsy, existed prior to his active service and was not incurred or aggravated by military service.

The Board granted a disability evaluation of 40 percent for the veteran's service-connected seizure disorder effective July 29, 1996. The earlier effective date claim was also granted.

The veteran's claim was denied as he failed to report for scheduled VA medical examinations, which is a requirement under VA regulations.

The Board denied the appellant's requests to reopen his claims for service connection due to lack of new and material evidence.

The Board found that the appellant does not have a well-grounded claim for service connection of a seizure disorder, eye disability, or leg disability as secondary to his service-connected paranoid schizophrenia. The claims were denied.

The Board granted an increased rating of 20 percent for the appellant's akinetic seizures, finding that at least one major seizure occurred in the last two years. The headaches and memory loss residuals were rated as 10 percent disabling.

The veteran's conditions do not meet the criteria for special monthly pension based on the need for regular aid and attendance due to his ability to care for himself and engage in most of the activities of daily living.

The Board finds that the appellant's service-connected status post herpes encephalitis with seizure disorder, which includes seizures occurring no more than once every three months over the past year, approximates the level of severity for an 80 percent disability rating under Diagnostic Code 8910. Therefore, the initial 80 percent disability rating is granted.

The Board denied the veteran's claims for service connection for a chronic acquired seizure disorder and TDIU. The claim of service connection was not well-grounded due to lack of evidence showing an in-service injury or disease that could be linked to the current disability.

The Board has determined that the veteran's PTSD, seizure disorder, and residuals of mustard gas exposure are all service-connected based on direct evidence.

The Board has granted service connection for a seizure disorder and denied an increased rating for left knee arthritis. The veteran's seizures are linked to his inservice motor vehicle accident, while the left knee arthritis is currently rated at 10%.