Epilepsy & seizure disorders decisions — 2002

The Board found that the veteran's bilateral pes planus did not clearly and unmistakably preexist service, nor was it aggravated by service. The veteran is also denied special monthly pension based on need for aid and attendance due to his disabilities.

The Board has determined that the veteran's undiagnosed illness manifested in 1997 and cannot be attributed to any known clinical diagnosis, granting service connection for his claimed conditions.

The Board found that the veteran's seizure disorder was not incurred in or aggravated by active service, and is not shown to be causally related to any head injury sustained during service. As a result, service connection for the seizure disorder was denied.

The Board has found that the reduction of the rating from 80 percent to 20 percent for a seizure disorder was improper, and therefore restored the evaluation to 80 percent effective February 28, 1992.

The Board denied service connection for subarachnoid hemorrhages and epilepsy, as well as the reopening of a claim for residuals of a neck and back injury. The evidence submitted since the December 1950 rating decision was not considered new and material.

The Board has determined that new and material evidence has been received to reopen the veteran's claim for service connection for post traumatic stress disorder, but denied reopening of the seizure disorder claim. The veteran is now entitled to a decision on his PTSD claim.

The Board has determined that the veteran does not have current seizure disorder or cardiovascular disability, and thus service connection for these conditions is denied. The initial rating claim for postoperative residuals of left carpal tunnel syndrome remains unresolved.

The October 1991 rating decision denied the appellant's claim for a total disability rating based on individual unemployability due to service-connected disabilities, as the evidence did not show he was unable to secure and maintain substantially gainful employment.

The Board denied the veteran's claims for service connection for various conditions, including alcoholism and a psychiatric disorder. The skin rash, optic atrophy of the left eye with vision loss and diplopia, pansinusitis with nasal polyps, traumatic nasal septal deviation, damage to the fifth and seventh cranial nerves, seizure disorder, headaches, chronic prostatitis, prostate and urinary infections, urinary tract blockage and non-specific urethritis, epididymal cyst of the right testis, and venereal disease were not found to be related to service or any service-connected disability.

The veteran's nonservice-connected convulsive disorder and seizure disorder do not meet the criteria for special monthly pension based on need for regular aid and attendance.

The Board determined that the July 1991 rating action did not involve clear and unmistakable error, but found that the veteran has not submitted a valid notice of disagreement for an earlier effective date for the award of a total disability rating based on individual unemployability.

The Board has reopened the claim for service connection for a seizure disorder due to new evidence, but denied service connection for PTSD.

The Board has denied the veteran's claims for service connection due to lack of credible supporting evidence and clear and unmistakable evidence regarding preexisting conditions.

The veteran's death was due to his service-connected conditions, and he required the regular aid and attendance of another person. The Board found that the criteria for payment of accrued benefits based on a claim of entitlement to special monthly compensation were met.

The Board finds that the appellant's disabilities, when considered in conjunction with each other, result in an inability to protect herself from the hazards and dangers of her daily environment. Therefore, she meets the criteria for a special monthly pension on account of the need for regular aid and attendance.

The veteran's suicide attempt in April 1999 was not covered by VA because prior authorization for the private medical treatment was not obtained. The Board found that no such authorization existed and thus denied payment or reimbursement of the unauthorized expenses.

The Board found that the veteran's seizure disorder did not begin during service or within one year of separation, and is not otherwise related to military service.

The Board found that the veteran's seizure disorder is manifested by a seizure every two years, and granted an evaluation of 10 percent for this condition.

The Board denied the veteran's request for an earlier effective date of February 13, 1996 for his total disability compensation benefits due to a combined service-connected disability rating of 100 percent from that date.

The Board has reopened the veteran's claims of service connection for a seizure disorder and an acquired psychiatric disorder, but denied them on the merits. The personality disorder claim is not considered as it was not addressed in the original decision.