Epilepsy & seizure disorders decisions — 2008

The Board has dismissed the veteran's appeals regarding entitlement to an initial evaluation in excess of 10 percent for a service-connected right knee disorder and seizure disorder due to his withdrawal. The claims for fibromyalgia, neck disorder, and low back disorder have been denied as there is no medical evidence showing these conditions are related to military service.

The Board has determined that the veteran's seizure disorder is related to his military service and grants the claim for service connection.

The Board has determined that new and material evidence has not been received to reopen the veteran's claims for service connection for various conditions. The claims are denied.

The Board has determined that the veteran's seizure disorder is not related to his active service and did not manifest within a year of discharge. Therefore, service connection for this condition is denied.

The Board denied the veteran's claims for service connection for seizures and entitlement to TDIU, finding that there was no evidence linking his seizures to his military service or any other incident. The veteran's service-connected disabilities alone do not render him unemployable.

The veteran's appeal is remanded for further development of the record, including obtaining VA and private treatment records related to his service-connected seizure disorder. The case will be readjudicated after all relevant evidence has been considered.

The veteran's claim for a special monthly pension based on the need for regular aid and attendance from another person was denied as he is not blind, in a nursing home, or unable to perform his daily activities without assistance.

The Board has determined that the veteran's claims for service connection for various conditions, including spinal injury with cervical spur and lumbar arthritis, cervical spine radiculopathy, viral syndrome, hyperlipidemia, bilateral leg cramps, weight gain from reduced physical mobility, concussion, dizziness, seizures and cerebral vascular accident, throat disability (trouble swallowing), disability of the abdomen and viscera, and bilateral foot disability were denied due to lack of evidence supporting these claims.

The Board found that the veteran does not have a current diagnosis of residuals of a head injury (other than headaches), seizure disorder, or organic disability manifested by blackouts. Therefore, service connection for these conditions is denied.

The veteran's epilepsy was rated at 100 percent prior to August 20, 2004 and since then. The Board found that the disability from grand mal epilepsy warranted a 100 percent rating in both periods.

The Board has remanded the case for further development due to scheduling issues, including rescheduling a video conference hearing.

The veteran's appeal involves multiple secondary service connection claims for various disabilities, including sleep apnea, chronic fatigue syndrome, upper respiratory infection disability, erectile dysfunction, and periodontitis. The case is being remanded to obtain Social Security Administration records and to readjudicate the issues.

The Board denied the veteran's request to reopen his previously denied claim of service connection for grand mal epilepsy, finding that new and material evidence had not been obtained.

The Board has determined that an effective date earlier than April 23, 2002, for a 100 percent rating for seizure disorder is denied.

The veteran's service-connected schizophrenia does not meet the criteria for special monthly compensation based on need for regular aid and attendance of another person or being housebound.

The Board found that the preponderance of evidence does not support a finding that the veteran received a head injury while on active duty, thus denying service connection for residuals of a head injury.