Epilepsy & seizure disorders decisions — 2004

The Board has determined that new and material evidence has been submitted to reopen the claim of service connection for residuals of a head injury, including seizure disorder and sleep apnea. The veteran's current disabilities are claimed as secondary to an in-service head injury.

The veteran's service-connected grand mal seizures render him unable to secure or follow a substantially gainful occupation, meeting the criteria for TDIU.

The Board has determined that the veteran does not have a current seizure disorder and therefore, service connection for this condition is denied. The heart disability issue remains pending as there are insufficient medical records to determine its etiology.

The Board has reopened the previously denied claim of entitlement to service connection for a seizure disorder, but further development is needed before deciding on its merits.

The veteran's appeal is remanded for further development and consideration of his claims, including an earlier effective date for partial complex seizures and increased evaluations for PTSD and headaches.

The Board has determined that the appellant's service-connected low back strain warrants an initial evaluation of 20 percent, effective as of the date of this decision.

The Board found that the July 1960 rating decision denying service connection for epilepsy was not clearly and unmistakably erroneous. Diabetes mellitus, a chronic 'heart condition', and swelling of hands and feet were not shown to be related to service.

The veteran seeks service connection for various conditions, including diabetes mellitus and its secondary effects. The case is being remanded to obtain additional evidence regarding the veteran's exposure to herbicides in Vietnam.

The Board found that the veteran's claim for a total disability rating based on individual unemployability due to service-connected disabilities was filed on September 30, 1998. The evidence did not show he had become unable to work prior to this date.

The Board has ordered a remand due to the need for a new VA examination to assess the current severity of the veteran's service-connected major motor seizures.

The Board found that the veteran's dental and psychiatric disorders are not proximately due to or aggravated by his service-connected seizure disorder. The claim for an initial rating in excess of 20 percent for a seizure disorder prior to November 1, 1996, was denied as there is no evidence of at least one major seizure in a six-month period. The claim for an initial rating in excess of 40 percent for a seizure disorder from November 1, 1996, was also denied due to the lack of sufficient additional disability. The veteran's service-connected disabilities do not meet the criteria for a total disability rating based on individual unemployability.

The Board has remanded the case for further development, including obtaining medical records and scheduling a VA examination to determine if any disability resulting from the inservice head injury is related to service.

The Board has remanded the case for further development, including a VA examination and an economic and social survey to determine the veteran's employability due to his epilepsy.

The Board has remanded the case for additional development, including obtaining medical records and conducting examinations to determine if the veteran's epilepsy and knee disorders are related to service.

The Board has determined that the veteran's epilepsy grand mal does not warrant a rating higher than 60 percent, as there is no evidence of at least one major seizure every three months or more than ten minor seizures per week.,For his chronic brain syndrome associated with convulsive seizures, the Board finds that he does not meet the criteria for a disability rating greater than 10 percent.

The veteran seeks service connection for dementia and a seizure disorder he avers result from a closed head injury sustained in a motor vehicle accident (MVA) in service. The appeal is remanded due to conflicting medical opinions.

The Board has remanded the case to the RO for further action due to inadequate reasons and bases in the previous decision, including failure to address VA's duty to notify under the VCAA.

The Board has determined that the veteran's seizure disorder was not incurred in or aggravated by service and may not be presumed to have been incurred in service.

The Board has reopened the claim for service connection for a back disorder and denied all other claims due to lack of evidence linking the claimed conditions to active service.

The Board denied the appellant's application to reopen his previously denied claim of entitlement to service connection for a seizure disorder, finding that no new and material evidence had been submitted.