Epilepsy & seizure disorders decisions — 2009

The Board granted a 100 percent evaluation for seizure disorder with syncope, effective June 3, 2004.

The Board finds that the veteran's arteriovenous malformation (AVM) is a congenital defect and pre-existed his active service, but there is clear and unmistakable evidence that it was not aggravated beyond its normal progression during active military service. However, the presumption of soundness applies, and the veteran is presumed to have been in sound condition upon entering service. The Board finds that the veteran's AVM underwent an increase in severity due to superimposed disease and/or injury during service, resulting in chronic disability.

The Board remands the case for additional development, including providing proper notice regarding the cervical spine/neck disorder claim and scheduling an examination to determine the etiology of any seizure disorder.

The Board remands the case for an additional medical examination to determine if the veteran's seizure disorder is related to his military service, including exposure to explosions.

The Board concluded that the veteran is not entitled to service connection for a seizure disorder as there was no evidence of such a condition during or shortly after his military service, and the first diagnosis came several years later.

The Board denied the veteran's claim to reopen his previously denied service connection for a neuropsychiatric disorder, as new and material evidence was not submitted.

The Board denied service connection for glaucoma, a chronic seizure disorder, and residuals of a head injury. The claim to reopen the back disability was not successful due to lack of new and material evidence.