Epilepsy & seizure disorders decisions — 2006

The veteran's appeal has been withdrawn due to his satisfaction with the current ratings and compensation awards.

The veteran's seizure disorder was not present during service, did not manifest for over two decades after service, and is not otherwise related to service. The Board denied the claim for service connection.

The Board denied service connection for the cause of the veteran's death and found that the appellant has no legal entitlement to Dependents' Educational Assistance under the provisions of 38 U.S.C. chapter 35.

The veteran's claims for service connection for headaches, seizure disorder, and psychiatric disability are being remanded due to the need for additional medical examinations and records.

The Board found that the veteran's seizure disorder did not start during his military service and is therefore not service-connected.

The Board found that the evidence did not support a connection between the veteran's seizure disorder and his military service, thus denying the claim.

The Board has denied the veteran's claims for service connection for low myopic refractive error of the eyes and seizure disorder, finding that there is no current disability or evidence of in-service injury or disease.

The Board has determined that new and material evidence has been received to reopen the claim for service connection for a seizure disorder, characterized as a residual of brain injury. The claim is now considered on its merits.

The veteran was granted an initial rating of 40 percent for his seizure disorder from March 17, 1993 through March 8, 1994.,He was later granted a higher initial rating of 20 percent for the period from March 9, 1994 to May 31, 1995.,The veteran received an additional 100 percent temporary total rating under the provisions of 38 C.F.R. § 4.30, effective August 4, 1994.

The veteran's claim for service connection for epilepsy was dismissed as the veteran withdrew his appeal.,The veteran's claim for compensation under 38 U.S.C.A. § 1151 for a heart disorder due to treatment at a VA medical facility, including the administration of medications (Verapamil), was denied.

The Board denied the veteran's claims for service connection for various conditions, including post-concussion syndrome, left foot disorder, right shoulder disorder, migraine headaches, seizure disorder, and ear and jaw injuries, finding that there was no evidence of a head injury in service or any current disabilities related to such an injury.

The veteran is seeking service connection for head injury residuals, including a seizure disorder. The Board has determined that additional development is needed to determine the relationship between any head injuries sustained during service and his current seizure disorder.

The Board found that new and material evidence had been received to reopen the previously denied claims of service connection for head trauma, seizures, and PTSD. However, it was determined that there were no current residuals from the in-service seizure and thus denied these claims.

The Board has remanded the case for additional development, including scheduling a hearing before a Veterans Law Judge at the RO in Montgomery, Alabama.

The Board has denied the veteran's claim for service connection for a seizure disorder (claimed as head injury) due to lack of evidence of current disability. The issue of service connection for an acquired psychiatric disorder, including post-traumatic stress disorder and/or depression, remains pending.

The veteran seeks earlier effective dates for service connection and compensation for seizure disorder, headaches as secondary to a service-connected seizure disorder, and TDIU. The RO granted these benefits with effective dates of December 30, 1994, December 31, 2001, and December 31, 2001 respectively.,The veteran's claim for earlier effective date for service connection and compensation for seizure disorder is denied as the earliest communication indicating such a claim was received on December 30, 1994. The RO granted service connection with an effective date of December 30, 1994.

The Board found that the veteran does not have a current diagnosis of a seizure disorder or arthritis in either shoulder, and thus denied service connection for these conditions. The claim for GERD was also denied as it is secondary to medication prescribed for his service-connected low back disability.

The veteran's PTSD was granted service connection, but his seizure disorder and diabetes mellitus were denied. The decision also addressed the initial rating for diabetes mellitus.

The Board found that the veteran's epilepsy, grand mal is properly evaluated at 60 percent disabling and denied an evaluation greater than 60 percent.

The Board found no evidence of service connection for depression, seizure disorder, or migraine headaches and denied the veteran's claims.