Epilepsy & seizure disorders decisions — 2007

The veteran's service-connected conditions have been rated at the maximum schedular evaluations, and no higher ratings are warranted.

The Board found that the appellant's seizure disorder was not incurred in or aggravated by active service, may not be presumed to have been so incurred or aggravated, and has not been shown to be proximately due to, the result of, or aggravated by a service-connected disease or injury.

The Board has determined that new and material evidence has been submitted to reopen the veteran's claim for service connection for residuals of head trauma, but further development is needed before the merits of the case can be decided.

The veteran's claims for service connection of seizures, high blood pressure (hypertension), and depression have been denied. The RO has assigned a 20 percent evaluation for the right thumb disorder since May 1983 under Diagnostic Code 5224.

The Board found that the veteran knowingly submitted fraudulent medical evidence in support of his claim, leading to a forfeiture of all rights, claims, and benefits under VA laws.

The veteran's appeal was denied for the requested increased ratings and effective dates. The maximum rating of 10 percent for bilateral tinnitus is assigned, and there are no legal grounds to grant a higher rating.

The veteran's daughter, who was permanently incapable of self-support due to her epilepsy and injuries from a car accident at the age of 18, is recognized as a helpless child for purposes of death benefits.

The Board found that the veteran's seizure disorder did not have its onset during service or within one year of separation, and is not otherwise etiologically related to his active service. Therefore, the claim for service connection for a seizure disorder was denied.

The Board has remanded the case for additional development, including obtaining VA treatment records and scheduling examinations to determine the nature, extent, and likely etiology of the veteran's gastrointestinal disorder, seizure disorder, and left ear hearing loss.

The Board has granted service connection for a psychiatric disorder, finding that it is related to the veteran's period of active duty training (ACDUTRA) in May 1993. Service connection was denied for a seizure disorder.

The Board found no evidence of hypertension, seizure disorder, or stroke during service or for many years thereafter. The veteran's claims were denied as there is no competent medical evidence linking these conditions to his military service.

The Board denied the veteran's claims for service connection for a left eye condition, cervical spine condition, low back condition, bilateral varicose veins, and scoliosis of the thoracic spine. The reasons were that there was no evidence linking these conditions to his military service or to any service-connected disabilities.

The Board has remanded the case for additional development due to a failure to obtain Social Security Administration records.

The Board has remanded the case due to insufficient evidence regarding service connection for residuals of shell fragment wound, left temple, headaches and seizures. The VA is required to seek additional records and conduct examinations to determine if these conditions are related to service.

The Board has denied service connection for generalized arthritis and seizure disorder, finding that the evidence does not support a link to service or Agent Orange exposure.

The Board denied the motion for revision of its December 2006 decision on grounds of clear and unmistakable error (CUE), finding no evidence that the correct facts were not before the Board or that the statutory or regulatory provisions extant at that time were incorrectly applied.

The Board denied the veteran's claims for service connection for various conditions, finding that none of them were incurred or aggravated by service.

The Board has remanded the case for additional development, including obtaining relevant medical records and a VA examination to determine if the veteran's current head injury residuals are related to his service.

The veteran's claims for increased ratings for right knee arthritis and residuals of a cerebral vascular accident were denied by the Board. The RO has awarded service connection for diabetes mellitus, but this does not affect the TDIU claim.

The Board has determined that the veteran's seizure disorder was not incurred or aggravated by active military service and denied his claim.