Epilepsy & seizure disorders decisions — 2008

The veteran's initial and increased disability ratings for residuals of a compound depressed frontal skull fracture and seizure disorder were denied. The veteran's headaches secondary to the skull fracture are not compensable.

The Board found that the veteran's seizure disorder and hypertension were not incurred in or aggravated by service, and may not be presumed to have been incurred in service. The claims for service connection were denied.

The Board denied the veteran's claims for increased ratings for his conversion disability manifested by pseudo seizures, finding that the evidence did not meet the criteria for a higher rating at any time.

The veteran's claim for payment or reimbursement of medical expenses incurred at a private hospital from November 20, 2003 to November 21, 2003 is granted due to the lack of suitable VA facilities.

The Board has granted service connection for right cubital tunnel syndrome and an increased rating of 40 percent for degenerative joint disease of the right (major) shoulder with chronic sprain. The claim for increased rating for residuals of a right ankle fracture is pending.

The Board has determined that further development is necessary for both the service connection claim and the 38 U.S.C.A. § 1151 claim due to potential causation issues.

The Board denied the veteran's claims for service connection for a seizure disorder, pituitary mass, and muscle spasms to include as due to exposure to herbicides. The conditions were not shown to have had onset during service or be related to an injury, disease, or event of service origin. Service connection based on exposure to herbicides was also denied.

The VA denied the veteran's claim for an increased rating for his service-connected epilepsy, as he did not meet the criteria for a higher rating based on the frequency of seizures.

The Board found that the veteran's focal seizure disorder did not meet the criteria for a higher rating, as there was no evidence of at least one major seizure in four months over the prior year or nine to ten minor seizures per week. The ratings for hypalgesia of the right face and impaired praxis of the right hand were also denied.

The September 1992 rating decision, which staged the veteran's evaluation for a seizure disorder from 10 to 40 percent disabling, is not considered clear and unmistakable error. The effective date for a 100% evaluation for the seizure disorder remains March 30, 1998.

The veteran's claims for service connection have been remanded due to the need for further development and consideration of new evidence.

The Board found that the veteran's head injury residuals, including his seizure disorder, were not incurred in or aggravated by service.

The Board has reopened the veteran's claims for service connection for residuals of a head injury with memory loss and left leg condition. The evidence now shows that these conditions are related to his military service.

The Board has determined that the veteran's seizure disorder is related to his service, and thus grants service connection for this condition.

The VA Board found that the veteran's service-connected partial complex seizure disorder, characterized by a 'dreamy state' and occasional tonic-clonic activity, warrants only a 20 percent disability rating. The evidence did not support an increase to a higher rating.

The veteran seeks an increased rating for his service-connected seizure disorder, which was previously rated at 10 percent. The VA has ordered a remand to gather more medical evidence and conduct a new examination.

The Board has remanded the case for additional development, including obtaining VA and private treatment records, arranging for a neurologic and psychiatric examination, and ensuring that all relevant evidence is considered.

The Board found that the veteran's seizure disorder preexisted service and was not aggravated by active duty. The headache disorder is presumed to have existed prior to service, but the VA examiner did not provide an opinion on whether it was aggravated during service.

The Board found no evidence of a current seizure disorder and concluded that the veteran's seizures were not incurred or aggravated by service. The claim was denied.

The Board has determined that new and material evidence was received to reopen the veteran's claim for service connection of residuals of a meningioma of the left sphenoid wing. The veteran's current seizure disorder is found to be proximately due to his service-connected meningioma of the left sphenoid wing.