Epilepsy & seizure disorders decisions — 2001

The veteran's claims for service connection for headaches, defective hearing, hypertension, and PTSD have been denied. Service connection has been established for diabetes mellitus (Type II).

The Board found that the veteran's seizures during service were a result of his preexisting epilepsy, which existed prior to his entry into service. The Board determined that there was no aggravation of the preexisting condition during service and granted service connection for seizure disorder based on aggravation.

The Board has remanded the case due to recent changes in the law, including the Veterans Claims Assistance Act of 2000 (VCAA), which requires additional notification and development action. The veteran's claims for service connection are being readjudicated.

The Board found that the veteran's service-connected disabilities do not render him unable to care for his daily personal needs without assistance from others or unable to protect himself from the hazards and dangers of daily living, thus denying restoration of special monthly compensation based on aid and attendance.

The Board has determined that the veteran's death was not caused by a disability incurred or aggravated during his military service. The evidence does not support a link between any of the conditions listed on the death certificate and the veteran's military service.

The Board has determined that the veteran's grand mal seizures are service-connected, based on evidence showing they began during his military service.

The Board denied the veteran's claims for service connection for a heart disorder and head injury residuals, finding that no new and material evidence had been submitted to reopen her claims.

The Board denied service connection for seizures and blackouts, finding no evidence of such conditions within one year of discharge.,Service connection was granted for a gastric ulcer, but the veteran's claim for a nasal disorder was denied.

The Board has determined that the veteran's seizure disorder is likely related to VA electroshock treatment and will be granted compensation under 38 U.S.C.A. § 1151.

The Board denied the veteran's petition to reopen his claim for service connection for a seizure disorder, finding that the additional evidence submitted did not present a new and material basis to grant the claim.

The veteran's appeal has been dismissed due to his death. The claims for service connection have not been decided as the appeals are still pending.

The Board has remanded the case due to new regulations and the need for additional development, including examinations.

The veteran's claim for special monthly compensation on account of the need for regular aid and attendance was granted, as he is housebound due to his service-connected grand mal epilepsy.

The Board has determined that the veteran's seizure disability did not originate during his military service and is therefore denied.

The veteran's seizure disorder was rated at 20 percent from December 21, 1994 to July 25, 1995 and at 10 percent thereafter. The RO denied the claim for an increased rating.

The veteran's claim for an increased rating for grand mal epilepsy was denied, but his claim for service connection for dysthymic disorder prior to July 20, 1999 was granted with a 10% evaluation effective from that date. The total unemployability claim is not addressed in this decision.

The Board has denied the veteran's claims for a higher rating for his seizure disorder and for a total disability rating based on individual unemployability due to service-connected disabilities. The appeals are currently pending.

The veteran's application for an annual clothing allowance was denied because the evidence did not demonstrate that his service-connected disabilities caused him to wear or use a prosthetic or orthopedic appliance which tended to wear out his clothing, or that he used medication due to a service-connected skin disorder resulting in irreparable damage to his outer garments.

The veteran's disability manifested by epilepsy is due to an injury that was incurred in service, and the Board has granted service connection for this condition.

The Board finds that there is no relationship between the appellant's service-connected right leg disability and his seizure disorder, thus denying the claim for secondary service connection.