Epilepsy & seizure disorders decisions — 2005

The Board has determined that the veteran's labile hypertension, which began during service, contributed substantially and materially to his death. Therefore, service connection for the cause of the veteran's death is granted.

The Board denied the veteran's claims for service connection for various conditions, including diabetes mellitus and circulatory disorders, all claimed as due to herbicide exposure. The evidence did not support a finding of in-service exposure or a link between any condition and service.

The veteran's claims for service connection for a psychiatric disorder, seizure disorder, hypothyroidism, and joint inflammation of the shoulders, elbows, and right knee were all denied as there is no evidence linking these conditions to her military service.

The Board denied the veteran's claims for service connection for heart disease, psychiatric disorder, and seizure disorder. The evidence did not establish a direct link between these conditions and his military service.

The Board found that the veteran does not have a diagnosed seizure disorder, with dizziness and headaches, related to military service.

The Board found that the veteran's service-connected schizophrenia did not contribute substantially or materially to his death from Staphylococcus aureus sepsis. The medical evidence does not support a direct causal relationship between the veteran's schizophrenia and his cause of death.

The Board has determined that new and material evidence was received to reopen the claim for service connection for epilepsy, which is considered a direct service connection based on evidence showing the veteran's current condition began during active military service. The Board granted the claim.

The veteran's overpayment of disability compensation benefits was waived, as the evidence did not show fraud or bad faith on his part and recovery would not be against equity and good conscience.

The Board found no credible link between the veteran's current generalized seizure disorder and his in-service head injury, resulting in a denial of service connection.

The Board has determined that the appellant's seizure disorder, currently rated at 80 percent disabling, does not warrant a higher rating as there is no evidence of more than one major seizure every three months.

The Board denied the claim for service connection for a seizure disorder due to a claimed in-service head injury, finding that no competent opinion supported the claim and that the only medical evidence indicated that the current seizure disorder was related to a post-service incident.

The Board has ordered a remand due to the inability to locate VA treatment records for the veteran, which may be critical to determining his cause of death and related claims. The appellant's claim will be reconsidered after these records are obtained.

The Board found that the veteran's superficial thrombophlebitis of the right leg and seizure disorder were not caused by VA treatment, resulting in a denial of compensation under 38 U.S.C.A. § 1151.

The veteran's chronic seizure disorder is found to have originated during active service, and he is eligible for VA medical care and related benefits under the provisions of 38 U.S.C. Chapter 17.

The Board has determined that the veteran's death was not caused or contributed substantially or materially to cause by service-connected PTSD, and therefore denied the claim for service connection for the cause of the veteran's death.

The Board has determined that the veteran does not currently suffer from a seizure disorder and therefore, service connection for this condition is denied.

The veteran's service-connected disabilities (petit mal seizures and benign lymph enlargement, axilla region) do not meet the criteria for a total disability rating based on individual unemployability.

The Board has remanded the case due to the need for additional medical records from Dr. Ramón Malaya.

The Board found that new and material evidence had been submitted to reopen the claim, but denied service connection for the seizure disorder due to a lack of medical evidence linking it to the in-service head injury.

The Board has remanded the case due to inadequate notice and need for further development, including medical examinations.