Epilepsy & seizure disorders decisions — 2002

The Board has determined that new and material evidence was not received to reopen the claim of service connection for residuals of head trauma, including a seizure disorder and dizziness. The issue of entitlement to an increased evaluation for a healed left lung granuloma will be addressed in a separate decision.

The Board found no new and material evidence to reopen the claims for Organic Anxiety Disorder and Seizure Disorder, both claimed as secondary to a Venezuelan equine encephalomyelitis virus vaccine administered in service. The claims were denied because there is no medical evidence showing that these conditions are related to the vaccine.

The veteran's seizure disability is rated at 20 percent, and his TDIU claim was denied due to the combined rating of his service-connected disabilities not meeting the criteria for a total disability rating based on individual unemployability.

The Board found that the veteran's seizure disorder was not incurred in or aggravated by service, nor may it be presumed to have been incurred during service. The Board also noted that there is no evidence of a relationship between the veteran's seizures and his service-connected condition.

The Board found that the veteran does not currently suffer from a seizure disorder and his personality disorder existed prior to service. The psychiatric disorder is also not related to any incident of his active military service, including motor vehicle accidents.

The Board denied the veteran's claims of service connection for epilepsy and chronic fatigue syndrome, finding that there was no evidence linking these conditions to his military service.

The Board has granted service connection for a left knee disability, manic depression, and seizure disorder. The veteran's right knee strain is rated at 10 percent, effective from the date of his claim in March 1996. Service connection for scoliosis was not established prior to June 9, 1997.

The Board has denied the claim for service connection for the cause of the veteran's death, finding that neither a cardiovascular disorder nor a seizure disorder was present during service or manifested within one year after service. The Board also found no relationship between the service-connected schizophrenia and the veteran's death.

The Board has denied the veteran's claims for service connection for a seizure disorder and a cervical spine disorder, finding that there is no evidence linking these conditions to his military service.

The Board has denied the veteran's claims of service connection for a seizure disorder, schizophrenia, and spinal fractures. The evidence does not support these claims as they are not related to any injury or disease in service.

The veteran's claim for an earlier effective date for a grant of 100% evaluation for partial complex seizures was denied as the evidence did not show that he had been averaging at least one major seizure per month over the last year.,For PTSD, the RO found that entitlement to increased evaluations prior to September 20, 1999 did not arise until then. The veteran's PTSD has been productive of no more than slight social and industrial impairment since February 14, 1995, warranting a 10% evaluation.,Since September 20, 1999, the veteran's PTSD has been productive of definite impairment, warranting a 30% evaluation. The veteran's headaches/dizziness/lightheadedness have not warranted an increased evaluation beyond 10%.,The RO found that the veteran did not meet the criteria for an earlier effective date for his partial complex seizures and denied this claim.

The Board denied the veteran's claim of service connection for a head injury with resultant seizures, finding that new and material evidence had not been received to reopen the claim.

The Board has determined that the veteran's current seizure disorder and visual problems are not service-connected, as there is no competent medical evidence linking these conditions to his inservice heat stroke. The claim for service connection for residuals of heat stroke is denied.

The Board denied an increased evaluation for the veteran's service-connected seizure disorder, finding that his seizures are now controlled by medication and he has no more than a diagnosis of epilepsy with a history of seizures.

The Board has restored the veteran's 20% evaluation for his seizure disorder, finding that there was no evidence of improvement in the disability.

The veteran's seizure disorder is rated at 40 percent, and his service-connected disabilities are found to render him unable to secure or follow a substantially gainful occupation.

The Board has determined that the veteran's seizure disorder began during service and is related to his in-service exposure, granting service connection for this condition.

The Board found that the veteran's service-connected focal type seizure disorder did not warrant a rating higher than the current 40 percent, as his seizures were predominantly minor and infrequent.

The Board denied the veteran's claim for an earlier effective date for TDIU due to service-connected PTSD, as it was not factually ascertainable that he was unemployable prior to May 12, 1992.

The Board denied the claim of service connection for the cause of death due to metastatic adenocarcinoma of the brain, which was not related to service. The other significant conditions contributing to death were seizure disorder/atriial fibrillation.