Epilepsy & seizure disorders decisions — 2005

The Board denied the veteran's claims for service connection for both herpes encephalitis and diabetes mellitus. For herpes encephalitis, the Board found that while there was a history of herpes simplex II, no evidence of herpes encephalitis was found in service records or subsequent treatment. The Board also noted that the veteran had pseudoseizures which were related to his service-connected herpes simplex II.,For diabetes mellitus, the Board concluded that there is no current diagnosis and thus denied the claim.

The Board has denied the veteran's claims for service connection for a seizure disorder and residuals of a shell fragment wound to the forehead. The RO is instructed to obtain additional medical records, including from the Chicago VAMC and Dr. Pieri, and request supplemental statements from Faris H. Zakria regarding his previous opinions.

The Board found that the veteran's service records do not show any complaints, symptoms, findings or diagnoses related to a head injury. The preponderance of evidence is against his claim for service connection for residuals of a head injury.

The Board has granted the veteran's claim of entitlement to service connection for a seizure disorder, as it is proximately due to her service-connected Graves disease. The Board denied the veteran's claim of entitlement to service connection for stroke residuals.

The Board has dismissed the veteran's appeals on these issues as he did not file a timely substantive appeal within one year of the March 1996 rating decision.

The VA has determined that the veteran's traumatic encephalopathy with grand mal seizures does not meet the criteria for a higher evaluation, as it does not result in at least one major seizure in the last six months or two major seizures in the last year.

The VA has granted the veteran a TDIU based on his service-connected anxiety neurosis, as it meets the percentage requirements for such. The noncompensable epilepsy does not affect this decision.

The veteran's appeal is being remanded for a videoconference hearing before the Board of Veterans' Appeals. The issues include service connection claims and increased rating claims.

The Board has granted service connection for a seizure disorder and will now review the veteran's claims for earlier effective dates for the 50 percent evaluation for PTSD and the total evaluation based on individual unemployability.

The Board has determined that the veteran's death was caused by his service-connected PTSD, which aggravated his other conditions. The DIC claim is dismissed as moot due to the grant of service connection for the cause of death. Basic eligibility for Dependents' Educational Assistance under Chapter 35 has been established.

The Board denied the claim of service connection for seizure disorder, finding that new and material evidence had not been submitted to reopen the claim since VA's last final denial in April 1991.

The Board has granted a 10 percent evaluation for scars, traumatic, left thigh and right leg. The claim of service connection for atypical anxiety disorder with depression was reopened based on new evidence, but the claim remains denied as there is no presumption or direct link to service. Service connection for seizure disorder was also granted.

The Board denied service connection for chest pain, idiopathic peripheral neuropathy, vision problems (claimed as pigment displacement syndrome), and seizure disorder. The evidence did not support a finding that these conditions were incurred in or aggravated by service.

The Board has denied the veteran's claim for service connection for seizure disorder, finding that new and material evidence was not submitted.

The Board denied service connection for PTSD and seizure disorder, finding that the claimed stressors were not verified and there was no credible supporting evidence of their occurrence. The veteran's claims for a higher rating for bilateral hearing loss are addressed in the REMAND portion.

The veteran's claim for service connection for psychomotor seizures with history of head trauma has been reopened due to the submission of new and material evidence. However, his claim remains denied as there is no established link between these conditions and his military service.

The Board denied the veteran's claims for service connection due to lack of evidence linking his current conditions to military service.

The Board has determined that new and material evidence has been submitted to reopen the claim of service connection for a seizure disorder as secondary to service-connected shell fragment wounds to the head with skull fracture.

The Board found that the evidence received since the February 2002 rating decision does not relate the veteran's seizure disorder to service and is therefore not new and material, thus denying the claim of reopening.

The Board has granted service connection for bipolar disorder and assigned an effective date of October 19, 1967. The issue of a higher rating for psychomotor epilepsy is remanded.