Epilepsy & seizure disorders decisions — 2006

The Board found that the veteran's current seizure disorder did not arise in or was not caused by service, and denied his claim for service connection.

The Board has determined that the cause of the veteran's death was not due to a disability incurred in or aggravated by active service, and no presumption of service connection based on exposure to herbicide agents applies. The appellant's claim for service connection for the cause of her husband's death is denied.

The Board denied service connection for seizure disorder and found that new and material evidence had not been received to reopen the claim for depression. The veteran's current diagnoses of fine motor tremor and essential tremor were deemed insufficient to establish a relationship with his service-connected laceration injury.

The Board found that the veteran's seizure disorder was not incurred in or aggravated by service and may not be presumed to have been incurred in service.

The Board has decided to remand the case due to insufficient evidence regarding whether the veteran's current seizure disorder is related to service or pre-existed service.

The veteran's claims for service connection were denied across the board. The Board found no evidence of a seizure disorder, degenerative joint disease of the spine, hypertension, skin disorder, eye disorder, organic brain syndrome, PTSD, hypothyroidism, hyperuricism, or disorders of the shoulders, arms, elbows, wrists, hands, fingers, hips, legs, thighs, knees, ankles, feet, and toes that were incurred in service. The veteran is already receiving a 10% rating for tinnitus.

The Board has granted service connection for generalized seizure disorder (claimed as epilepsy) with an initial evaluation of 10 percent effective July 2, 2004.

The Board has denied the veteran's claims for service connection for a right shoulder disorder and hypertension, but granted service connection for a seizure/syncopal disorder. The initial rating for the right knee disorder remains denied.

The Board has determined that the veteran does not meet the criteria for service connection for PTSD due to lack of a current diagnosis. The claims for seizure disorder and duodenal ulcer disease are also denied.

The Board has granted service connection for the veteran's neurogenic syncopal episodes, finding that these symptoms are related to his military service.

The veteran is found to be in need of regular aid and attendance due to multiple nonservice-connected disabilities, including depression, peptic ulcer disease with gastritis, Osgood-Schlatter's disease of the knees, degenerative disc disease of the cervical spine, a low back disorder, dermatitis, seizure disorder, and hypertension. The veteran is entitled to special monthly pension based on the need for aid and attendance.

The Board has reopened the veteran's claims for service connection for epilepsy and hypertension, but has determined that these conditions were not incurred in active service or are not proximately due to a service-connected disability.

The Board has denied the veteran's claim for an earlier effective date for service connection of idiopathic epilepsy, finding that the earliest possible effective date is May 30, 2003, when he filed a request to reopen his previously denied claim.

The Board has remanded the case for further development of evidence, including obtaining a copy of the SSA decision awarding SSI benefits and scheduling an examination to assess the effects of medications on the veteran's seizure disorder.

The Board has reopened the claim for service connection for generalized seizure disorder based on new and material evidence. The veteran's preexisting generalized seizure disorder was aggravated during his military service, warranting service connection.

The Board denied the veteran's requests to reopen his claims for service connection for a psychiatric disorder and a seizure disorder, finding that new and material evidence had not been received since the last prior denial.

The Board denied the veteran's claims of service connection for senile dementia, beriberi, malaria, and epilepsy. The appellant was not recognized as a former prisoner of war (POW) due to lack of official verification by a United States service department.

The Board has determined that an examination is necessary to determine the nature and etiology of the veteran's seizure disorder, which may be related to in-service boxing injuries or a post-service head injury with coma.

The Board has granted the appellant's claim for service connection for a bilateral hearing loss disability, finding that it is due to noise exposure in service.

The veteran's claim for reimbursement of unauthorized medical expenses incurred at the Mercy Medical Center on February 4, 2004 was denied as there was no prior authorization and his condition was not clinically emergent to a point that seeking treatment at the VAMC would have been feasible.