Epilepsy & seizure disorders decisions — 2005

The Board has reopened the veteran's claim for service connection for a seizure disorder and finds that his seizures were aggravated during his period of active duty training in June 1985. As such, he is now entitled to service connection for this condition.

The Board denied the veteran's claims for service connection for a seizure disorder and labyrinthine dysfunction/vertigo, finding that these conditions were not incurred or aggravated by active service and are not proximately due to or the result of his service-connected hearing loss disability.

The Board found that the veteran does not have residuals of a head injury, to include a seizure disorder, or residuals of a left shoulder injury related to his active service. The claim for service connection was denied.

The Board has determined that the veteran does not have a current diagnosis of epilepsy or major depression, and therefore service connection for these conditions is denied.

The veteran's claim for an increased rating for epilepsy, grand mal was denied as there is no evidence of seizures during the appeal period.

The Board of Veterans' Appeals has determined that the veteran's seizure disorder does not meet the criteria for a higher rating, as there is no evidence showing at least one major seizure in four months or an average of nine to ten minor seizures weekly.

The veteran's claims for service connection and TDIU are being remanded due to the need to obtain SSA records related to his seizures, which may impact both claims.

The Board has denied the veteran's claims for service connection for spondylolysis of the low back and seizures, both secondary to Reiter's syndrome. The evidence does not support a current diagnosis of either condition.

The Board has determined that the veteran's seizure disorder does not warrant an evaluation in excess of 20 percent, as there is no evidence of more than one major seizure or two minor seizures within a year.

The Board is reaching only the merits of whether finality attached to the RO's July 2000 denial, finding that new and material evidence was submitted within the appeal period. The case is remanded for further development on the original claim.

The Board denied the veteran's claim for an effective date prior to June 10, 2003 for a total rating for compensation purposes based upon individual unemployability due to her service-connected disabilities.

The Board of Veterans' Appeals has determined that the veteran's seizure disorder is not related to his military service or any incident thereof, including his service-connected malaria. The claim for service connection for seizures was denied.

The veteran is seeking service connection for residuals of a head injury, including memory loss, migraine headaches, seizures, and fainting spells. The case has been remanded to obtain additional medical records and to provide the veteran with an examination.

The Board found no clear and unmistakable error in the November 1989 rating decision that denied reopening of the veteran's claim for service connection for a seizure disorder as due to a head injury.

The Board denied service connection for seizure disorder, skin disorder, back disorder, and chronic liver disease in August 1999. The veteran's claim was not reopened because the new evidence received since then is cumulative or redundant of previous evidence.

The Board found that the veteran's seizure disability preexisted service and was not aggravated by service, thus denying his claim for service connection.

The Board denied the veteran's claims for service connection due to lack of new and material evidence, except for a finding that his skin cancer may be related to exposure to herbicides in service. The other conditions were not found to be incurred or aggravated by service.

The Board denied the veteran's claims for service connection for PTSD, hepatitis, and seizure disorder. The decision found that new and material evidence had not been submitted to reopen these claims.

The Board has determined that the veteran does not currently have a seizure disorder related to his active service or active duty for training. The issue of service connection for a psychiatric disorder is remanded for further development.

The Board of Veterans' Appeals (Board) has remanded the case for further development and consideration, including determining if VA authorized the medical treatment provided at Mercy Medical Center on February 4, 2004, and whether the veteran is entitled to reimbursement or payment by VA.