Epilepsy & seizure disorders decisions — 2004

The Board has decided to remand the case for further development and examination, including obtaining additional medical records and arranging for a VA examination.

The Board denied the veteran's claim for service connection for a seizure disorder, finding that there was no evidence of an in-service injury or disease and concluding that any current condition is not related to military service.

The VA has granted a 60 percent disability rating for the veteran's myoclonic epilepsy, but did not grant any increase beyond this.

The Board denied the veteran's claims for an increased rating for a seizure disorder and for a TDIU rating.

The VA determined that the veteran's seizure disorder, which is currently rated at 40 percent disabling, does not meet or more nearly approximate the criteria for a higher rating due to insufficient evidence of frequent seizures.

The Board has granted service connection for the veteran's seizure disorder, finding it secondary to a pre-existing condition.

The Board has granted service connection for a seizure disorder and assigned a 100 percent rating for PTSD. The remaining issues of whether new and material evidence has been received to reopen the previously denied claims of entitlement to service connection for arthritis of the lumbosacral spine, shoulders, and knees, and for prostatitis, and entitlement to a higher initial rating for Hepatitis C rated zero percent disabling are REMANDED.

The veteran's Achilles tendonitis and seizure disorder were not incurred in or aggravated by service.,Claims for bipolar disorder, personality disorder, hepatitis, pes planus, and residuals of a right little finger injury have been denied as new and material evidence has not been submitted to reopen these claims.

The Board has determined that the veteran's seizure disorder is attributable to his active duty service and grants service connection for this condition.

The Board denied the veteran's claims for earlier effective dates for his service-connected seizure disorder and cervical discogenic disease with fusion of the C5-C6 and C6-C7 vertebrae, limitation of motion, decreased left hand grip and dizziness. The effective date for both conditions remains at their current assigned levels.

The Board denied the veteran's claim alleging clear and unmistakable error (CUE) in the July 1991 rating decision that granted service connection for schizoaffective disorder, seizure disorder, and avulsion fracture of the left distal fibula. The Board found no CUE.

The Board has determined that new and material evidence has been received to reopen the veteran's claim of entitlement to service connection for a seizure disorder, which was previously denied in March 1980. The claim is now reopened.