Epilepsy & seizure disorders decisions — 2008

The veteran's appeal is being remanded to obtain additional medical records and for a VA examination. The issues of entitlement to an increased evaluation for post concussion syndrome with seizure disorder and entitlement to TDIU are inextricably intertwined.

The Board denied the veteran's claims for service connection for head injuries and a compensable evaluation for his left ear hearing loss, finding that there was no evidence of current disabilities related to these conditions.

The Board found that the veteran did not meet the legal requirements for compensation under 38 U.S.C.A. § 1151 due to lack of evidence showing additional disability as a result of carelessness, negligence, or similar instance of fault on VA's part in furnishing medical treatment.

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

The Board has decided to remand the veteran's claims for service connection and reopening of a previously denied claim, due to outstanding SSA records and notification deficiencies.

The Board found that the veteran currently suffers from a diagnosed post-traumatic seizure disorder and is as likely as not related to his service, including a head injury in 1985. The appeal was granted.

The Board has determined that the veteran does not currently suffer from a seizure disorder and therefore, service connection for this condition is denied.

The Board has determined that the veteran's seizure disorder is not related to his time in service and does not meet the criteria for secondary service connection based on his service-connected bilateral hearing loss. The claim for service connection for seizure disorder is therefore denied.

The veteran's claims for service connection for residuals of malignant melanoma metastatic to the brain and seizure disorder as secondary to malignant melanoma have been denied. The Board found that there is no evidence linking these conditions to service or herbicide exposure.

The Board has determined that the appellant's claims of entitlement to service connection for hypertension, scarring in the groin area, and seizures are denied as there is no evidence showing a direct relationship between these conditions and his military service.

The Board has remanded the case for additional development, including obtaining a medical opinion regarding whether the service-connected conditions contributed to the veteran's death.

The Board found that cancellation of the veteran's access to fee-basis treatment was proper due to the availability of care at VA facilities and the lack of evidence showing geographical inaccessibility or inability of VA facilities to provide required care.

The Board found that the veteran's death was not caused by a service-connected disability, and thus denied the claim for service connection for the cause of death.

The veteran's service-connected disabilities do not prevent him from engaging in employment consistent with his education and occupational experience.

The Board has granted service connection for PTSD and depression, finding that the veteran's current conditions are related to her military service. Other claimed disabilities were not found to be service-connected.

The veteran's epilepsy was rated at 10 percent prior to May 27, 2004. After his third seizure on that date, he received a 20 percent rating effective from then. The appeal for higher ratings is denied.

The Board has determined that the veteran's claims for increased rating and service connection are REMANDED due to the need for additional development, including a VA examination and an economic and social survey. The case will be returned to the Board after these actions have been completed.

The Board denied the veteran's claims for service connection for a seizure disorder and migraines, finding no current diagnosis of these conditions and insufficient evidence to establish a link between them and his military service.

The Board has denied the veteran's claims for service connection for neck disability, seizure disorder as a residual of a head injury, brain damage as a residual of a head injury, and headache disorder as a residual of a head injury due to lack of credible evidence linking these conditions to military service.

The Board has granted service connection for the veteran's right parietal primitive neuro-ectodermal tumor and focal sensory seizure disorder. The veteran should be examined to determine if he still has a current diagnosis of focal sensory seizure disorder.