Epilepsy & seizure disorders decisions — 2007

The veteran's claims for service connection were denied during his lifetime. The appellant is seeking DIC benefits under 38 U.S.C.A. § 1318, but the claim is denied as there was no entitlement to receive compensation at the time of death.

The veteran's claims for increased ratings and service connection were denied. The cervical spine DJD was rated at 30 percent, TMJ dysfunction varied in rating based on interincisal range of motion, dysthymic disorder was rated at 30 percent, lumbar spine DJD with sciatica was not related to service or any applicable presumptive period, and seizures were not incurred in or as a result of active duty service.

The Board has determined that the veteran's seizure disorder was not incurred or aggravated by service, and is not due to an undiagnosed illness. The claim for service connection is denied.

The Board has determined that the veteran's seizure disorder is likely attributable to his active military service, and thus grants service connection for epilepsy.

The Board has determined that an earlier effective date for the award of pension benefits is denied as the veteran did not timely appeal the October 1992 and September 1996 rating decisions, which became final. The earliest effective date assigned is April 20, 1998.

The Board denied service connection for seizure disorder and psychiatric disability (including PTSD) as the evidence did not support a finding of in-service onset or a link to service.

The Board has denied the veteran's claims for an increased rating for his seizure disorder and a total disability rating based on individual unemployability due to service-connected disabilities, finding that there is no evidence of major seizures or frequent minor seizures in the last two years or six months. The current severity of the seizure disorder does not significantly impact the veteran's life.

The Board has granted service connection for migraine headaches as secondary to service-connected hypertension, but denied service connection for a seizure disorder as secondary to service-connected hypertension.,The veteran's headache condition is related to his military service and his service-connected hypertension.

The Board has ordered the VA to locate and associate all service medical records with your claims file. If these records are not found, you will be notified of this decision.

The veteran's claim of service connection for a seizure disorder was denied as there is no evidence to support the claimed condition. The claim of service connection for PTSD remains pending.

The Board denied service connection for all claimed conditions, finding no evidence of their onset or association with the veteran's active service.

The Board denied the veteran's claims for increased ratings and failed to reopen his service connection claims. The veteran was not provided with proper VCAA notice.

The Board denied the veteran's claims for service connection for arthritis, bilateral hearing loss, and a seizure disorder. The appeals were also denied for an initial disability rating for residuals of a right ankle sprain, status post corneal abrasion of the right eye, and tinnitus.

The veteran's bipolar disorder caused total social and industrial adaptability, warranting a 100% disability rating as of October 15, 1993.,Service connection for the veteran's seizure disorder secondary to his service-connected bipolar disorder was granted.

The veteran's claims for service connection for bilateral otitis media and a seizure disorder were denied. The RO also denied initial compensable ratings for residuals of the head injury with headaches, scars of the right ear with partial loss of the pinna, and scalp scars.

The Board has remanded the case for several procedural issues, including contacting the veteran's brother and providing VCAA compliant notice regarding service connection for paranoid schizophrenia.

The Board denied all of the previously mentioned matters, including service connection claims for various disorders secondary to a pre-existing seizure disorder. The veteran's seizure disorder was found not to be aggravated during service and his psychiatric, spinal, knee, and dental conditions were not shown to have been caused by service or service-connected disabilities.

The Board found that the veteran did not meet or nearly approximate the criteria for a rating in excess of 10 percent for seizure disorder from July 25, 1977 to July 20, 1999.

The Board denied the veteran's claims for service connection for various conditions, including bilateral hearing loss, tinnitus, colon polyps and cancer, prostate cancer, skin cancer, and a seizure disorder. The evidence did not support a finding that these conditions were incurred in or aggravated by service or due to exposure to ionizing radiation.