Epilepsy & seizure disorders decisions — 2007

The veteran's service-connected disabilities do not preclude substantially gainful employment, and therefore he is not entitled to a total rating based on individual unemployability.

The Board found no evidence of a current seizure disorder or epilepsy related to service, and thus denied the veteran's claim.

The Board has determined that the veteran's seizure disorder manifested within one year of his separation from service and is presumed to have been incurred therein. As a result, the claim for service connection for a seizure disorder is granted.

The Board has denied the reopening of the veteran's claims for service connection for seizure disorder and left sided hemiparesis, finding that new and material evidence was not submitted.

The veteran's TDIU claim is being remanded due to his service-connected disabilities and the fact that he was medically retired at 100% disability.

The veteran's claims for increased ratings were denied. The RO continued the evaluations of his service-connected conditions, including residuals of a fracture of the right olecranon (major), hemorrhoids, and post-traumatic seizure disorder.

The Board found that the veteran's death was not caused by carelessness, negligence, or similar instance of fault on the part of VA in providing hospital care, medical treatment, or examination. The June 2003 VA opinion concluded there is no evidence of negligence.

The Board found that new evidence did not raise a reasonable possibility of substantiating the claim for service connection for brain disease with resultant seizures due to head trauma. The veteran's current seizure condition is related to reserve duty, and there is no medical opinion connecting it to service.

The Board has reopened the claim of service connection for a seizure disorder and granted it.,Service connection was established as the seizures are considered to be directly related to head injuries sustained during service.