Epilepsy & seizure disorders decisions — 2004

The Board denied the veteran's claims for service connection for a seizure disorder with migraine and paroxysmal headaches, as well as his claim for emphysema due to asbestos exposure. The reasons were that there was no evidence of such conditions in service or within one year post-service.

The Board found that the veteran's death was not caused by any service-connected disability and denied both his claim for service connection for cause of death and his DIC under 38 U.S.C.A. § 1318.

The veteran's claim for special monthly compensation due to need of aid and attendance or housebound status is being remanded for further evaluation, including a VA examination. The issue of secondary service connection for injuries sustained in 2001 is also being addressed.

The Board has determined that new and material evidence has not been received to reopen the veteran's claims of service connection for PTSD, low back pain, hearing loss, and residuals of exposure to Agent Orange (including seizure disorder and heart disorders).

The Board has determined that the appellant meets the eligibility requirements for financial assistance in purchasing an automobile or other conveyance and necessary adaptive equipment due to his service-connected disabilities.

The Board has found that new and material evidence has been submitted to reopen the veteran's claim of service connection for a seizure disorder, which was previously denied in September 1994.

The veteran's seizure disorder has deteriorated since his last examination in February 2002. The Board finds that further development of the record is necessary to determine the current severity and frequency of the veteran's seizures.

The Board denied the veteran's claims for service connection for PTSD and nonservice-connected pension due to a lack of competent medical evidence showing current diagnosis of PTSD.

The Board denied the veteran's claims for service connection for rheumatoid arthritis, seizure disorder, and diabetes mellitus as secondary to exposure to Agent Orange in service. The evidence did not support a link between these conditions and his military service.

The veteran's service-connected disabilities, including traumatic encephalopathy and skull defect, prevent him from securing or maintaining substantially gainful employment. The Board has determined that a total disability rating for compensation purposes based on individual unemployability is warranted.

The Board has remanded the case for additional development, including obtaining records of treatment from the VA Medical Center in Memphis and copies of the Social Security Administration's decision.

The Board has received notification from the appellant that they wish to withdraw their appeal, thus dismissing the case.

The Board found that the veteran's service-connected epilepsy did not cause or contribute to his death from progressive chronic lymphatic leukemia. The Board concluded that the seizures were a result of the veteran's lymphocytic leukemia, rather than his epilepsy.

The Board found that the veteran's seizure disorder did not meet the criteria for a rating in excess of 20 percent, as there was no evidence of at least one major seizure in six months or two major seizures per year.

The veteran is seeking a higher rating for his anxiety disorder and also claims there was clear and unmistakable error in the July 1959 rating decision denying service connection for epilepsy or a seizure disorder. The case must be remanded to obtain additional VA treatment records, clarify the veteran's claims regarding CUE and reopening of the service connection claim, and ensure compliance with Veterans Claims Assistance Act of 2000.

The Board has reopened the appellant's claim of service connection for a seizure disorder due to new and material evidence submitted since the final July 1989 rating decision.

The Board has granted a 10 percent rating for the seizure disorder effective from November 21, 1995. The veteran now seeks an increased rating.

The veteran's death was due to hypertensive arteriosclerotic cardiovascular disease. At the time of his death, he had service-connected disabilities rated at 90 percent combined evaluation. The Board found that DIC benefits under 38 U.S.C.A. § 1318 were not met as the veteran did not meet the criteria for a 100% total rating due to service-connected disability continuously for ten years prior to death or five years from discharge.

The Board has determined that no new and material evidence was submitted to reopen claims for service connection for an acquired psychiatric disorder, hypertension, or seizure disorder. The claims were denied as the provided evidence did not present a reasonable possibility of allowing the claim.

The Board denied the appellant's claims for service connection for a left foot disorder secondary to his service-connected thrombophlebitis, and for seizure disorder (PTSD) secondary to his service-connected hearing loss. The claim for total disability rating based on individual unemployability due to service-connected disabilities was also denied.