Epilepsy & seizure disorders decisions — 2003

The veteran's appeal has been dismissed due to his death, and the Board does not have jurisdiction to adjudicate the merits of this claim.

The veteran's claims for an increased rating for his service-connected seizure disorder and TDIU were denied due to his failure to report for scheduled VA neurological examinations.

The Board has determined that the veteran's current neck, right shoulder, and right arm pain and weakness are related to his VA surgery in January 1992. The seizures or blackouts are not service-connected.

The Board found that the veteran's daughter was not permanently incapable of self-support at age 18, based on her employment history and medical records.

The Board has determined that the veteran's seizure disorder was not incurred or aggravated by active military service and cannot be presumed to have been so incurred. The preexisting condition did not undergo an increase in severity during service.

The Board has determined that the veteran's service-connected conditions do not meet the criteria for a total disability rating based on individual unemployability due to his service-connected disabilities.

The VA denied service connection for the cause of the veteran's death, concluding that there was no evidence linking his fatal conditions to his military service.

The Board has determined that the appellant's current seizure disorder is related to head injuries sustained during service, and thus grants service connection for this condition.

The Board found that the appellant's seizure disorder, while present and service-connected, did not meet or approximate the criteria for a higher evaluation based on frequency of seizures. The current 40 percent rating adequately compensates him.

The Board denied service connection for residuals of skull trauma and found no new and material evidence to reopen the claims for seizure disorder and headaches. The veteran's appeal was not properly addressed in the original decision.

The Board denied the veteran's claim of entitlement to service connection for epilepsy, grand mal disorder because no new and material evidence had been submitted sufficient to reopen the previously denied claim.

The Board found that the veteran's post-traumatic epilepsy is currently well-controlled on medication and not shown to be manifested by at least one major seizure in the last six months or two minor seizures in the last year, or averaging at least five to eight minor seizures weekly. Therefore, a rating in excess of 20 percent for post-traumatic epilepsy is denied.

The Board has remanded the case due to failure to provide a hearing before a Veterans Law Judge. The veteran's claims for service connection for bilateral hearing loss, tinnitus, and seizure disorder remain pending.

The Board found that the veteran's disabilities do not prevent him from securing and following substantially gainful employment, thus denying his claim for non-service-connected pension benefits.

The Board denied the reopening of the claim for service connection for a seizure disorder, finding that the additional evidence submitted did not constitute new and material evidence.

The Board has determined that the veteran's bilateral hearing loss and seizure disorder are service-connected, with the evidence showing they were caused or aggravated by his military service.

The Board has determined that the veteran's migraine headaches, seizure disorder, and first cervical nerve disorder are proximately due to or the result of his service-connected left knee disability.

The Board has reopened the veteran's claim of entitlement to service connection for a seizure disorder due to new evidence submitted since the last denial. However, the Board cannot determine if the current seizure disorder is related to his in-service head injury as there are conflicting opinions from medical experts.

The Board found that the veteran's diagnosed seizure disorder was incurred during his active service and granted service connection for this condition.

The Board has determined that the veteran's brain tumor and associated seizure disorder were incurred in active service, granting his claim for service connection.