Epilepsy & seizure disorders decisions — 2004

The veteran's claim for an increased rating for seizure disorder as a residual of head trauma is being remanded due to the need for a Travel Board hearing.

The Board has granted a 50% evaluation for PTSD, denied an increased rating for seizure disorder, and found that the veteran's headaches warrant a separate 10% evaluation. The veteran's PTSD is rated based on its impact on his occupational and social functioning.

The VA determined that the veteran's current epilepsy was not incurred in or aggravated by service, and may not be presumed to have been incurred therein.

The veteran's appeal is remanded due to the need for additional development and examination, including review of new rating criteria for spine and intervertebral disc syndrome.

The Board denied the veteran's request to reopen his claim of service connection for a seizure disorder, finding that the new evidence submitted did not provide sufficient material to support the claim.

The Board has determined that the veteran does not have a current seizure disorder related to his military service and therefore denied his claim for service connection.

The Board has remanded the case for further development to obtain medical records and provide proper VCAA notice.

The veteran's claim for an initial disability rating in excess of 60 percent for his service-connected myoclonic epilepsy is being remanded due to the need for additional development and compliance with new notification requirements.

The veteran's multiple chronic conditions, including coronary artery disease and generalized anxiety disorder, prevent him from dressing, attending to his wants of nature, and protecting himself from daily hazards. He is not blind or helpless, nor does he require the regular aid and attendance of another person due to being housebound.

The Board has determined that new and material evidence has been submitted to reopen the claim of service connection for the cause of the veteran's death. The expert medical opinion indicates it is at least as likely as not that the veteran's service-connected epilepsy caused or materially contributed to his death.

The veteran's claim for an increased evaluation of PTSD was granted and assigned a 70 percent rating effective October 15, 2002. The issues of service connection for seizures and blackouts, arthritis of the left great toe, and entitlement to higher initial evaluations for PTSD prior to May 24, 2000 are pending.

The Board has granted service connection for impaired memory due to injuries sustained during service. The issues of entitlement to an increased rating for seizure disorder and a total rating based on individual unemployability are still pending.

The VA determined that the veteran's seizures were not caused by treatment at VA facilities in 1996, and thus denied his claim for compensation under 38 U.S.C.A. § 1151.

The veteran's service-connected seizure disorder was found to have materially contributed to his death, and he is eligible for dependents' educational assistance under Chapter 35.

The Board has determined that the veteran's claimed conditions are not shown to have been present in service or for many years thereafter, and thus denied his claims for service connection.

The Board denied the veteran's claim for a higher rating for epilepsy, finding that he has not experienced seizures in over two decades and thus does not meet the criteria for a higher rating.

The veteran's claim for an increased rating for hypertension was granted, but his claim for an increased rating for post-operative residuals of craniotomy with seizure disorder was denied.

The veteran is seeking service connection for dementia and/or seizure disorder, which he claims are related to head trauma in service or as secondary to his service-connected migraine headaches. The VA has not provided a thorough examination addressing these issues.

The Board denied earlier effective dates for increased ratings and service connection for various conditions, including seizure disorder, sinusitis, and bilateral hearing loss. The veteran argued that these decisions were incorrect due to CUE.

The Board granted an effective date of July 9, 1997 for the award of a 100% rating for PTSD based on hospitalization due to seizures and alcohol abuse.