Epilepsy & seizure disorders decisions — 2002

The Board has determined that new and material evidence has been submitted to reopen the claim for service connection for a seizure disorder, which was previously denied in January 1980. As such, the appeal is granted.

The veteran's overpayment of $6,967.00 in nonservice-connected disability pension was waived due to the court's finding that recovery would be against equity and good conscience.

The veteran's appeal has been dismissed as he withdrew his appeal in writing.

The veteran's claim for a TDIU rating was received on July 25, 2001. The RO granted the benefit effective from July 17, 2001 as he became unemployable due to his service-connected seizure disorder on that date. An earlier effective date is denied.

The veteran's claims for service connection for macrocytic anemia and shoulder pain were denied. However, he was granted service connection for panic disorder with agoraphobia and a seizure disorder related to his military service.

The Board found that the veteran's epilepsy was not incurred in service and denied his claims for right eye, knee, elbow, and heel disabilities. The evidence did not establish aggravation of pre-existing conditions.

The veteran's claims for service connection for headaches and seizures were denied, but his stress reactions of the legs were granted. The decision is mixed as some issues are granted while others are not.

The Board has restored the veteran's 100% rating for his seizure disorder, effective from November 1, 2002.

The Board denied service connection for a seizure disorder and a compensable rating for bilateral hearing loss.

The Board found that the veteran's PTSD was not incurred in or aggravated by service, and denied his claim.

The Board found that the veteran's seizure disorder and back disorder were not incurred in or aggravated by service, nor are they proximately due to a service-connected disability. The preponderance of evidence does not support these claims.

The Board has determined that the veteran's seizure disorder is related to his service-connected shell fragment wounds, and thus grants service connection for this condition. The claim for a neck disorder separate from the service-connected injuries was not granted as there is no evidence of such disability during service or since.

The Board denied reopening the claim of entitlement to service connection for a neuropsychiatric disorder, including conversion reaction with seizure activity.

The VA granted service connection for a seizure disorder and assigned a 10% evaluation, effective June 19, 1998. The veteran's initial claim was filed in January 1947 for a nervous condition which included symptoms such as trembling of hands, arms, and legs.

The Board denied the veteran's claims for increased ratings for epilepsy, finding that there was no evidence of seizures warranting a higher rating prior to August 27, 2001 and after that date.

The Board has reopened the claim for service connection for residuals of a head injury with epilepsy, left hemiparesis, frontal encephalocele and craniotomy due to new evidence. The claim for compensation for lymphedema under 38 U.S.C. § 1151 is denied.

The Board has determined that new and material evidence has been received to reopen the claim of entitlement to service connection for residuals of a head injury, including a seizure disorder. The veteran's claim is granted.

The appellant has withdrawn their appeal regarding the issue of service connection for a seizure disorder. The Board dismissed the appeal due to this withdrawal.

The Board found that new and material evidence had been submitted to reopen claims for service connection for a psychiatric disorder, but did not establish a nexus between the current condition and service. The claims for residuals of a head injury (including seizures) and arthritis were denied as new and material evidence was insufficient.

The Board found new and material evidence sufficient to reopen the claim for service connection for narcolepsy, but not for seizure disorder. The claims will be further developed on their merits.