Epilepsy & seizure disorders decisions — 2006

The veteran is seeking service connection for depression, seizures, and high blood pressure secondary to his service-connected right thumb disability. He also seeks an increased rating for his right thumb disability and a total disability rating based on individual unemployability.

The Board finds that the veteran's head injury and resulting disabilities were not incurred in the line of duty due to his own excessive alcohol consumption. As such, VA compensation benefits for these conditions are denied.

The Board has determined that the veteran's seizure disorder did not result from VA treatment and therefore compensation benefits under 38 U.S.C.A. § 1151 are denied.

The Board denied the veteran's claim for a total rating based upon individual unemployability due to service-connected disabilities, finding that his combined disability rating did not meet the criteria for such a rating.

The Board denied the veteran's claims for increased evaluations and service connection, finding that he does not have residuals of a left leg injury or a seizure disorder. The claim for service connection for right shoulder and arm disorder was remanded to the RO. The claim for service connection for bilateral foot infection/fungus was also remanded. The claim for an evaluation in excess of 20 percent for spondylolisthesis at L5-S1, status post laminectomy and fusion is granted.

The Board found that the veteran's current seizure disorder was not incurred or caused by active service and denied his claim.

The veteran's service connection claims for cerebrovascular accident, sleep disorder, seizure disorder, headache disorder, joint pain, fatigue, skin disorder, muscle pain, and neuropsychiatric signs or symptoms are denied as they do not meet the criteria for service connection due to an undiagnosed illness.

The Board has granted a 100% rating for epilepsy and found that the veteran's chronic otitis media does not warrant an increased rating.

The Board denied the veteran's claims of service connection for a seizure disorder and an increased evaluation for headaches, finding no evidence to support these claims.

The veteran's claims for service connection of a seizure disorder and chloracne were denied. The Board found no evidence linking the claimed conditions to military service, except for presumed exposure to herbicide agents which did not meet the criteria for presumptive service connection.

The Board denied the veteran's claims for service connection for a psychiatric disorder, including PTSD, and a seizure disorder. The evidence did not support a current diagnosis of PTSD or establish that the veteran had a preexisting condition that was aggravated by military service.

The Board denied a rating in excess of 10 percent for hypoglycemia with seizures prior to July 23, 1998. The veteran's claim for an increased rating since that date is pending.

The Board finds that the veteran's seizure disorder does not more nearly approximate an average of at least one major seizure in three months over the last year or more than 10 minor seizures per week, and therefore denies a rating in excess of 60 percent.

The Board has determined that there is no current diagnosis of a seizure disability, and thus the veteran's claim for service connection for seizures with anxiety attacks, difficulty concentrating, stress fatigue, and panic attacks is denied.

The veteran's claim for payment or reimbursement of non-VA emergency room treatment and related costs from a private facility on August 23, 2002 is being remanded due to incomplete records and the need for proper notification under the Veterans Claims Assistance Act of 2000.

The veteran's claims for increased ratings and service connection were denied. The claim for an increased rating for his seizure disorder was granted effective August 5, 2002, but the Board found no evidence of more than two minor seizures in any six-month period prior to that date or five to eight minor seizures on and after that date warranting a higher rating. For service connection claims, the veteran's dorsal (thoracic) spine arthritis was determined to be related to his service-connected cervical spine arthritis, but lumbar spine arthritis was not found to be service connected.

The veteran's appeal is being remanded for the scheduling of a Travel Board Hearing at the RO in New York, New York.

The Board denied the veteran's claims for service connection for various conditions, including a right ankle condition, bilateral hearing loss, and emphysema and pneumonia as a result of exposure to asbestos. The Board found no current diagnoses or evidence linking these conditions to service.

The Board has determined that the veteran does not have a diagnosed disability manifested by bone deterioration or seizure disorder, and therefore service connection cannot be granted.

The Board denied the veteran's claims for service connection for seizure disorder, multiple sclerosis, and heart murmur due to a lack of evidence showing these conditions were incurred or aggravated by his military service.