Epilepsy & seizure disorders decisions — 2007

The Board has remanded the case for additional development, including obtaining VA treatment records and conducting a VA examination to assess the veteran's seizure disorder and any related balance disorder. The claim will be reconsidered based on the new evidence.

The veteran's claim for an increased evaluation of his service-connected seizure disorder is being remanded due to inadequate notice provided prior to the RO's decision.

The Board denied the veteran's claims for an earlier effective date for a seizure disorder rating, special monthly compensation based on need for aid and attendance or being housebound, and service connection for an organic mental disorder secondary to his seizure disorder.

The Board found that the veteran's seizure disorder and peripheral neuropathy of the bilateral lower extremities were not caused by VA carelessness, negligence, or similar fault. The preponderance of evidence does not support a finding in favor of compensation under 38 U.S.C.A. § 1151.

The veteran's appeal for a higher evaluation for partial complex epilepsy was denied due to his failure without good cause to report for a necessary VA neurological examination.

The Board has remanded the case due to the need for a VA examination to determine if the veteran's current seizure disorder is related to his period of service, including head trauma.

The Board found that the veteran's cause of death was due to a massive pulmonary embolism, not his service-connected epilepsy. The preponderance of evidence does not support a finding that the veteran's epilepsy caused or contributed substantially to his death.

The Board has determined that the veteran's service-connected epilepsy did not cause his death, and therefore denied both service connection for the cause of the veteran's death and entitlement to benefits under 38 U.S.C.A. § 1318.

The Board has determined that the veteran's current residuals of a brain aneurysm are not related to his periods of active duty for training, and thus service connection is denied.

The Board found no evidence of a disability manifested by epilepsy with seizures that is associated with the veteran's military service.

The Board has determined that the veteran's claims for increased ratings for simple partial seizures, whiplash injury of the cervical and upper thoracic spines, and hemorrhoids are not supported by evidence showing at least one major seizure in the last two years or at least two minor seizures in the last six months. The VA examinations have shown no significant impairment that would warrant a higher rating.

The Board found that the veteran's claimed conditions, including bilateral hearing loss, seizure disorder, and bilateral ear condition, were not incurred or aggravated by service. The evidence did not establish continuity of symptomatology after service for any of these conditions.

The Board has denied the veteran's claims for service connection for bilateral hearing loss, bilateral knee disorders, and residuals of encephalitis (including a seizure disorder) as there is no evidence linking these conditions to his military service.

The veteran was granted service connection for post concussive syndrome and a seizure disorder, with the rating of 70 percent for post concussive syndrome effective from September 28, 2000. The initial ratings for post concussive syndrome were increased to 50 percent since December 9, 1989, and for seizure disorder to 20 percent since September 28, 2000.,The veteran's gastrointestinal disorder claim was denied.

The veteran's claim for special monthly compensation based on the need for aid and attendance of another person or being housebound was remanded due to a determination that his fall causing current lumbar spine disability was not related to service-connected epilepsy. The case requires further assessment, including obtaining VA treatment records and scheduling an examination.

The veteran's claim for an increased disability rating for his service-connected epilepsy is being remanded due to the failure to appear for a VA examination and other procedural issues.

The Board found that the veteran's claimed acquired psychiatric disorder, headaches, and temporal lobe seizures were not incurred in or aggravated by active service.

The Board has determined that the veteran's AVM with headaches and seizures is not related to his active duty service, and therefore denied the claim.

The Board found that the veteran's death was not caused by VA's carelessness or negligence, and thus denied his claim for DIC benefits under 38 U.S.C.A. § 1151.

The Board has determined that the seizure disorder is proximately due to or the result of service-connected headaches, and thus grants secondary service connection for the seizure disorder.