Epilepsy & seizure disorders decisions — 2001

The veteran's multiple nonservice-connected disabilities, including postoperative lumbar laminectomy, depressive disorder, and spinal stenosis of the cervical spine, render him unable to secure or follow substantially gainful employment. The Board finds that he is entitled to a permanent and total disability rating for pension purposes.

The veteran's cognitive disorder, status post ruptured aneurysm, status post cerebral vascular accident, and seizure disorder are productive of such mental incapacity that he is prevented from contracting or managing his own affairs, including disbursement of funds without limitation. The Board finds the veteran incompetent for VA purposes.

The Board found new and material evidence, reopened the claim for service connection of a seizure disorder, but did not specify if it was granted or denied.

The Board has determined that the earliest effective date for the grant of TDIU is August 8, 1994 based on the veteran's testimony at a VA hearing indicating he was unemployable due to his service-connected disabilities.

The veteran's claims for earlier effective dates for partial complex seizure disorder and visual disturbance, as well as a total disability rating based on individual unemployability, were denied by the Board. The decision is final and cannot be reopened without new and material evidence.

The Board denied the veteran's claims for increased rating of epilepsy and service connection for PTSD. The decision also confirmed a previous denial of an increased rating for epilepsy, maintaining the current 20% disability evaluation.

The Board has denied the veteran's claims for service connection for a right leg disability, seizure disorder, and back disorder as not well grounded.

The Board denied the veteran's claim for an initial evaluation in excess of 20 percent for his seizure disorder, finding that the evidence did not meet the criteria for a higher rating.

The Board denied the veteran's claims of service connection for organic brain syndrome with seizure disorder and rheumatic valvular heart disease, finding that there was no indication of these conditions in service and they first appeared many years after service.

The Board denied the veteran's claim for service connection for a seizure disorder, finding that his condition did not originate in or was aggravated by military service.

The Board has denied the veteran's claims for service connection for residuals of a head injury, to include seizures, and an increased evaluation for schizophrenia, paranoid type. The case is being remanded for further development.

The veteran's claim for a total rating based on individual unemployability due to service-connected disabilities is being remanded for additional development, including examination and review of the claims folder.

The RO increased the evaluation for seizure disorder from 20 to 80 percent effective July 31, 1995. It then reduced it back down to 20 percent effective December 31, 1997 and further reduced it to 10 percent effective September 1, 2000.

The veteran's increased disability rating claim for a scar above the right eyelid was denied. The service connection claim for headaches secondary to a scar over the right eye was also denied, as new evidence did not provide additional probative information.

The Board denied the appellant's claims for increased rating for hypertension and service connection for a seizure disorder, insomnia, jaw disorder, eye and retina disorder, and migraine headaches. The RO must review the claims file to ensure compliance with the Veterans Claims Assistance Act of 2000.

The veteran's service-connected generalized seizure disorder is rated at 80 percent, and the Board finds that this rating is not warranted for an increased disability evaluation.

The veteran's claim for an increased rating for his seizure disorder is being remanded due to uncertainty regarding the nature and frequency of his seizures. The RO will schedule him for a hospitalization at a VA facility for observation and evaluation by the neurology service.

The veteran's service-connected grand mal epilepsy is currently rated at 10 percent, and the Board has granted this rating.

The Board denied the veteran's claims for increased evaluations and service connection, finding that the current ratings adequately reflect his disability levels.

The veteran's appeal involves a new claim for service connection due to the change in diagnoses over time, and he is seeking service connection for an acquired psychiatric disorder. The case must be remanded for further development.