Epilepsy & seizure disorders decisions — 2004

The Board has determined that new and material evidence has been submitted to reopen the veteran's claims of entitlement to service connection for chronic seizure disorder and chronic head injury residuals.

The Board dismissed the appeal because the veteran died during the pendency of the appeal and thus no longer has jurisdiction to adjudicate the merits of the claim.

The Board has reopened the veteran's claim for an effective date prior to December 10, 1990, for the grant of service connection for a seizure disorder with psychiatric symptoms. The decision is in favor of reopening the claim.

The Board found that the veteran's inservice dental surgery did not result in neurological residuals, including seizures, blackouts, and headaches.

The Board dismissed the veteran's appeal as there was no timely substantive appeal filed, making it without jurisdiction to review the issue of service connection for major depression and seizure disorder.

The VA determined that the veteran's service-connected seizure disorder did not create an employment handicap, as she had been employed for over a decade and was currently working in a suitable position.

The Board denied the veteran's claims for service connection for residuals of a concussion and PTSD, finding that there was no evidence of in-service injury or diagnosis.

The Board denied reopening the claim for service connection for the cause of the veteran's death in October 1989. The appellant submitted new evidence suggesting a possible link between military service and cancer, epilepsy, and spinal cord injury, but the Board found this evidence insufficient to reopen the claim.

The Board has granted service connection for hypertension as secondary to the veteran's service-connected PTSD.,The veteran is also granted an initial evaluation of 80 percent for his seizure disorder, which was previously rated at 40 percent.

The Board has determined that a remand is warranted for the issue of service connection for residuals of brain trauma with seizures due to head injuries sustained during military service. The veteran's claim will be reviewed again, and a VA examination may be necessary to determine if his current seizure disorder is related to his in-service head traumas.

The Board denied service connection for epilepsy as secondary to exposure to herbicide agents and did not reopen the claim of direct service connection. The veteran's lay testimony was found insufficient to support a finding that his epilepsy is related to his exposure to Agent Orange.

The veteran's varicose veins of the right and left legs are rated at 30% each, his seizure disorder is rated as noncompensably disabling (10%), and his weak left knee disorder is rated at 10%. His bilateral hearing loss remains noncompensably disabling.

The veteran's son, J.L., was recognized as a helpless child for VA purposes due to his developmental disability and inability to support himself prior to reaching the age of 18.

The Board found that the veteran's seizure disorder was not incurred in or aggravated by service and denied his claim. The low back disability claim had no new and material evidence to reopen it, leading to a denial as well.

The Board denied service connection for seizure disorder and cervical spine disability, finding that these conditions were not related to service.

The Board has reopened the veteran's claim for service connection for residuals of a head injury due to new evidence showing current headaches. However, the Board found that these symptoms are not related to his military service.

The Board denied service connection for a seizure disorder, finding that the veteran did not have a current diagnosis of this condition and that any seizures he experienced were due to his mental health issues during service.

The Board found that the veteran's seizure and resulting injuries were not caused by negligence or fault on the part of VA, and thus denied his claim for compensation under 38 U.S.C.A. § 1151.

The Board denied the veteran's claims for increased ratings for seizure disorder and right cerebral arachnoid cyst, finding that the evidence did not warrant a higher rating under the applicable VA rating criteria.

The veteran's seizure disorder with left internal carotid artery arteriovenous malformation, postoperative, is currently rated at 80 percent since April 23, 1996.