Epilepsy & seizure disorders decisions — 2005

The Board of Veterans' Appeals has determined that the veteran does not have a diagnosed seizure disorder and therefore, service connection for this condition is denied.

The Board has remanded the case for further development and consideration due to issues related to service connection, increased ratings, and TDIU.

The Board has determined that further evidentiary development is necessary with regard to the issues on appeal, including obtaining SSA records and scheduling a VA examination for the veteran's epilepsy. The case will be returned to the RO after these actions are completed.

The Board has denied the veteran's claims for service connection for bilateral hearing loss and a generalized seizure disorder, finding that there is no evidence linking these conditions to his military service.

The Board has denied the veteran's claims for service connection for residuals of a subarachnoid hemorrhage and a claimed disorder manifested by seizures, finding that these conditions are not related to his military service or any service-connected disabilities.

The Board has determined that new and material evidence has been submitted to reopen the veteran's claims for service connection of a seizure disorder and nervous disorder (anxiety reaction).,However, the claim for residuals of a left foot injury remains denied.

The Board denied the veteran's claims for service connection for various conditions, including PTSD and a skin disability. The decision also addressed other issues such as diabetes mellitus, hearing loss, and sleep apnea.

The Board found that the reduction in the evaluation for epilepsy from 40% to 20% was proper. The veteran's claim of service connection for a sleep disorder as secondary to his epilepsy was denied, and he did not meet the criteria for an increased rating for left knee disability or TDIU.

The veteran's claim of entitlement to a total rating for compensation purposes based upon individual unemployability is being remanded due to incomplete notice and the need for additional medical examination.

The Board has reopened the veteran's claim for service connection for a seizure disorder, also claimed as blackouts, based on new and material evidence. The claim will now be reviewed in light of all available evidence.

The veteran's appeal is being remanded for additional development, including a VA examination to clarify the nature and etiology of his claimed conditions.

The Board found that the veteran's service-connected PTSD did not contribute substantially or materially to his death from hypertensive arteriosclerotic cardiovascular disease.

The Board has determined that the veteran does not have any of the claimed conditions (neck disorder, back disorder, left hip and lower extremity joint disability, seizure disorder, or depression) that are proximately due to or the result of his service-connected syphilis.

The veteran's service-connected simple partial seizure disorder is rated at 20 percent prior to August 1, 2003 and at 10 percent beginning August 1, 2003. The RO reduced the rating from 20 percent to 10 percent effective August 1, 2003.

The Board found that the veteran's cervical spine fracture and related disabilities were not incurred due to willful misconduct, thus denying service connection.

The Board denied the veteran's claims for service connection for hepatitis and epilepsy, finding no new and material evidence to reopen the hepatitis claim and denying both conditions as not incurred in or aggravated by service.

The Board found no evidence of a seizure disorder or gum hyperplasia with skin bumps due to service and denied both claims.

The Board denied service connection for a seizure disorder and denied an increased rating for the residuals of head trauma with headaches. The veteran's seizures are not shown to be related to his military service, and he does not meet the criteria for a higher rating based on his headache symptoms.

The Board denied the veteran's claim for service connection for seizures with headaches, to include as due to exposure to mustard gas in service. The evidence did not support full body exposure to mustard gas during service and there was no competent medical evidence linking any current seizure disorder with headaches to service.

The veteran's claims for increased ratings for residuals of a head injury and complex partial seizure disorder secondary to head trauma have been denied as the evidence does not meet the criteria for higher ratings.