Epilepsy & seizure disorders decisions — 2003

The Board found that new and material evidence had not been submitted to reopen the claim of service connection for residuals of a head injury, including a seizure disorder. The veteran's application was denied because the evidence did not provide sufficient information to support reopening the previously denied claim.

The Board has determined that the veteran's seizure disorder warrants an initial evaluation of 40 percent, effective from the date of discharge in February 2000.

The Board found that the appellant's character of discharge from service is a bar to VA compensation benefits. The appeal for benefits related to neurobehavioral problems, lung disease, cancer, liver and kidney disorders caused by toxic exposure was denied as there is no evidence linking these conditions to service.

The Board denied an increase in the veteran's rating for hypersomnolence with narcolepsy and a history of nocturnal seizures, finding that his condition is manifested by no more than confirmed diagnoses of epilepsy and narcolepsy with a history of seizures.

The Board denied the appellant's claim for service connection for the cause of her husband's death, finding that there was no evidence linking his arteriosclerotic and hypertensive heart disease to his active military service or his service-connected disabilities. The Board also found insufficient evidence to support a conclusion that his service-connected conditions contributed substantially and materially to his death.

The Board has determined that the veteran's claimed psychiatric disability and seizure disorder were not incurred or aggravated by service, nor may they be presumed to have been incurred in service. The back and neck disabilities are also not established as being related to service.

The Board found that the appellant's seizure disorder did not manifest during her military service and was not caused by or aggravated by service. The Board also determined that she did not meet the criteria for special monthly pension based on need for regular aid and attendance of another person or being housebound.

The Board has determined that the veteran does not have a current chronic seizure disorder and therefore, service connection for this condition is denied.

The veteran's claim for an increased rating for service-connected epilepsy is being remanded due to the need for additional development of medical records.

The Board denied service connection for a chronic seizure disorder, an acquired psychiatric disorder to include PTSD, and a chronic respiratory disorder (bronchial asthma). The veteran's claim for TDIU remains on appeal.

The veteran's tension headaches due to Gulf War service are rated at 30 percent effective from September 8, 1995. Service connection is granted for these conditions based on direct evidence of their onset and progression during the veteran's active duty in the Gulf War.

The Board has granted service connection for PTSD and found that the veteran's reported stressors occurred during his active duty service in Vietnam. The claim for an increased rating for seizure disorder is remanded due to incomplete notification under the Veterans Claims Assistance Act of 2000.

The Board found no evidence of a chronic neurological disability during service and denied the veteran's claim for service connection as his current symptoms did not start until after discharge from active duty.

The Board found that the veteran's seizure disorder did not clearly and unmistakably pre-exist his entry into active military service, but also determined it was not incurred or aggravated during his period of creditable, honorable service. The claim is therefore denied.

The Board has determined that the veteran does not have a verified seizure disorder, hearing loss disability, facial and eye pain, right big toe disorder (including bunion and bruise), bone spurs, or leg pain due to service. Service connection is denied for all issues.

The veteran's claims for increased ratings and TDIU were denied. The VA found that the service-connected conditions did not meet the criteria for higher ratings or a TDIU.

The Board has reopened the veteran's claim but denied it on the merits, finding that new and material evidence was submitted. The issue is now before the Board for further review.

The Board denied the appellant's claims for service connection for the cause of her husband's death and eligibility for Survivors'/Dependents' Educational Assistance under Chapter 35, Title 38, United States Code.

The Board has determined that the veteran's seizure disorder is not service-connected and does not meet the criteria for pension eligibility based on unemployability due to non-service connected disabilities. The veteran was denied both claims.

The veteran's seizure disorder is currently manifested by minor seizures occurring no more than 5 to 8 times a week, and the current 40 percent evaluation for this condition is upheld.