Epilepsy & seizure disorders decisions — 2009

The veteran's income exceeded the maximum annual rate for pension, thus he is not entitled to VA non-service connected disability pension benefits.

The Board denied the veteran's claims for an increased rating, service connection for a seizure disorder and depression as secondary to his service-connected disability, and entitlement to TDIU.

The Board denied an increased rating in excess of 30 percent for the Veteran's history of epilepsy residuals from head trauma, as there was no evidence of a major seizure in the last six months or two in the last year, or averaging at least five to eight minor seizures weekly.

The Veteran's PTSD is service-connected due to combat exposure. The acquired psychiatric disorder is also service-connected as secondary to the service-connected PTSD. Epilepsy was not aggravated by service, and peripheral vascular disease and peripheral neuropathy were not incurred or aggravated in service.

The Board found that the evidence did not support a nexus between the Veteran's service-connected disabilities and his cause of death, or any connection to his military service.

The Board denied service connection for a seizure disorder as the competent and probative medical evidence of record preponderates against a finding that the Veteran's current condition began in or was caused by his military service.

The Board denied service connection for a seizure disorder, finding that the preponderance of evidence was against the claim. The issue regarding a systolic heart murmur due to rheumatic heart disease is being remanded.

The Board denied service connection for an acquired psychiatric disorder, seizures with loss of consciousness, weight loss, hematemesis and rectal bleeding, a heart condition, and sleep disorders as there was no evidence to support a nexus between the claimed conditions and the Veteran's period of active duty.

The Board denied the Veteran's claims for service connection for a seizure disorder, back disability (degenerative joint disease), and disability of the legs as not being new and material evidence. However, it reopened the claim for a back disability but denied the claims for a disability of the legs and a disability of the feet.

The appeal regarding the initial evaluation for seizure disorder has been withdrawn by the Veteran's representative.

The Board granted service connection for epilepsy, finding that it was presumed to have been incurred during active duty service.

The Board denied service connection for the cause of the Veteran's death, as there was no evidence linking his fatal conditions to any incident of active duty.

The Veteran's service-connected simple partial seizures with cognitive disorder is rated at 20 percent for the period prior to August 5, 2002.

The appeal was remanded for further development of the evidence related to the issues on appeal.

The Board denied service connection for bladder cancer as it was not incurred in or aggravated by service, nor may it be presumed to have been incurred therein. The claim for a permanent and total disability rating for pension purposes was also denied.

The Board found that the Veteran's seizure disorder, grand mal, did not meet the criteria for a rating higher than 20 percent.

The Veteran's current osteoarthritis of the cervical spine, osteoarthritis of the lumbar spine, a seizure disorder, chronic obstructive pulmonary disease, and sinus problems were not incurred in or aggravated by his active duty military service.

The Board denied service connection for hypertension, diabetes mellitus, arthritis, skin cancer, epilepsy, sleep apnea, cataracts, and partial blindness as these conditions were not shown to be related to the Veteran's period of active duty or any claimed in-service exposure.

The Board found that new and material evidence was submitted to reopen the claim for service connection for a seizure disorder, but ultimately denied the claim as there is no nexus between the current seizure disorder and the veteran's military service or any incident thereof.

The Board denied service connection for a seizure disorder, degenerative disc disease of the lumbosacral spine, carpal tunnel of the right upper extremity, left knee disorder, and migraine headaches as there was no evidence to support that these conditions were incurred or aggravated during active military service.