Epilepsy & seizure disorders decisions — 2008

The Board found that the veteran's left cerebellar hemangioblastoma and seizure disorder were not incurred in or aggravated by service, and thus denied the claims.

From August 15, 2002 to February 14, 2003, the veteran was granted a 40 percent evaluation for seizures.,From February 15, 2003 to August 14, 2004, the veteran's seizure disorder warranted an increased evaluation to 20 percent.,From August 15, 2004 to December 6, 2006, the veteran was granted a 20 percent evaluation for seizures.,Effective December 7, 2006, the veteran's seizure disorder is rated at 40 percent.

The veteran's claims for increased ratings were denied as the evidence did not meet the criteria for higher ratings under the applicable rating criteria.

The Board denied all of the veteran's service connection claims, including diabetes mellitus, back disability, allergies, hepatitis, hemorrhoids, and epilepsy.

The Board found that the veteran's epileptic seizures with memory loss were not incurred in or aggravated by service and may not be presumed to have been incurred therein.

The veteran's claim for an increased evaluation of his post-traumatic seizure disorder is being remanded due to the need for additional development, including obtaining medical records and scheduling a VA examination.

The Board found that the veteran's service-connected partial complex epilepsy with secondary generalization did not become permanently and totally disabling prior to December 2, 2002. Therefore, an effective date earlier than December 2, 2002 for the award of permanent and total disability rating was denied.

The Board has determined that the effective date for service connection of a seizure disorder cannot be earlier than November 13, 1995 due to the finality of the prior rating decision and lack of evidence showing an earlier claim.

The Board denied an increased rating for the veteran's service-connected seizure disorder, finding that the evidence did not support a higher disability rating based on the current frequency of seizures.

The Board has remanded the case for additional development due to incomplete medical records.

The Board has determined that the veteran does not have chloracne, bilateral pes planus, seizure disorder, or PTSD that is service-connected. The claims are denied.

The Board has remanded the case for further development, including a VA examination to determine if the veteran's symptoms of headaches, blackout spells, memory loss, dizziness and seizures are related to his service.

The Board denied the veteran's claims for service connection for a cervical spine disability and epilepsy with associated headaches and nervous spells, finding that there was no evidence of a current disability or a link to service. The claim for reopening the epilepsy claim was also denied due to lack of new and material evidence.

The Board denied service connection for a seizure disorder, concluding that the current neurological condition is not attributable to active service.

The Board has determined that the veteran does not have headaches associated with voices as a residual of head injury, nor does he have sleep apnea and asthmatic seizures that are related to active service.

The Board denied the veteran's claims for service connection for mechanical middle and low back strain and seizure disorder, finding that his seizure disorder did not manifest within one year of qualifying military service.

The Board denied service connection for seizure disorder and manic depression, finding no evidence of in-service onset or aggravation.,PTSD was not established as the veteran did not engage in combat with an enemy force.

The Board has reopened the claim of service connection for seizure disorder and found that new evidence supports this reopening. However, the Board denied the underlying claim as there is no clear and unmistakable evidence showing aggravation during service.

The Board found that the preponderance of evidence does not show a chronic seizure disorder during service or within one year following discharge, and concluded that epilepsy was not incurred in or aggravated by service.

The veteran's seizure disorder was rated at 60 percent disabling from August 15, 2003 to July 9, 2007.