Epilepsy & seizure disorders decisions — 2005

The Board has determined that the veteran's seizure disorder does not meet or approximate the criteria for a rating in excess of 20 percent since the initial grant of service connection.

The Board has determined that additional development is necessary to determine the current nature and likely etiology of the veteran's claimed residuals from a head injury, including headaches, seizures, and nosebleeds.

The Board has determined that the veteran's seizure disorder first manifested during his active service and is therefore granted service connection.

The Board has granted service connection for partial complex seizures, bilateral shoulder condition, and back disorder. The veteran's seizure disorder was incurred in service as it manifested during active duty. His bilateral shoulder condition and back disorder are presumed to have been incurred due to the nature of his military service.

The Board has determined that service connection for PTSD is granted, as there was a confirmed in-service stressor and the veteran meets the criteria for this diagnosis. The other issues of increased ratings for petit mal epilepsy and peptic ulcer disease are not addressed due to the need for further development.

The Board determined that the veteran's pre-existing head injury did not worsen during service, and thus denied his claim for service connection.

The Board of Veterans' Appeals found that the cause of the veteran's death was not related to his military service or any service-connected conditions, and thus denied the claim for service connection for the cause of death.

The veteran does not meet the criteria for special monthly pension based on need for regular aid and attendance or housebound status.

The Board has denied the veteran's claims for service connection for a seizure disorder, residuals of post polio syndrome, and obstructive sleep apnea as these conditions are not related to his active military service.

The veteran's claims for service connection were denied, but the RO granted a 100% evaluation for PTSD effective June 17, 2004. The claim for skin irritation was reopened.

The Board has remanded the case due to issues related to service connection for various conditions, including a low back disorder and disabilities of the feet. The veteran is required to provide medical evidence or nexus statements regarding these claims.

The veteran's epilepsy is rated at 60% and his depression is separately evaluated. The TDIU claim remains pending.

The Board granted the veteran's claim for an effective date of June 7, 2004, for service connection of complex partial seizures, residuals of skull fracture, and pseudo-seizures with a 100% evaluation.

The Board denied reopening the claim for service connection for residuals, status post auto accident, with skull fracture and cerebral injury resulting in bilateral spasticity and questionable intellectual changes (claimed as memory loss, speech impairment and other residuals of head trauma). The veteran's seizure disorder claim was also denied on the basis that no new and material evidence had been submitted to reopen the claim.

The Board has determined that the February 1991 rating decision, which denied service connection for a seizure disorder, involved clear and unmistakable error (CUE). As a result, the veteran is now entitled to service connection for this condition.

The Board has remanded the case to the RO for further proceedings, including obtaining SSA records and attempting to obtain all pertinent medical records from The Neurosurgery Group.

The Board denied service connection for a left frontal convexi meningioma and a seizure disorder, finding that the evidence did not support a link between these conditions and service.

The Board denied the appellant's claims for service connection for the cause of her husband's death and DIC under 38 U.S.C.A. § 1151, finding that there was no evidence to support a link between any service-connected condition and his death.

The Board finds that the veteran's posttraumatic seizure disorder is causally related to his service-connected skull fracture, and grants service connection for this condition.

The Board has remanded the veteran's claim of entitlement to a rating in excess of 60 percent for seizure disorder due to incomplete consideration and potential VCAA violations.