Epilepsy & seizure disorders decisions — 2009

The Veteran's claims of service connection for a seizure disorder, gastrointestinal disability (including an ulcer and gastritis), and residuals of a head injury have been reopened. However, the new evidence does not establish a direct relationship between these conditions and active service.

The Veteran is seeking an earlier effective date for a 100 percent rating for his service-connected epilepsy, which was initially granted in June 2000. The RO has remanded the case to obtain additional medical records and Social Security Administration records.

The Veteran's claim for service connection for epilepsy as a residual of a head injury was granted. The claim for an increased rating for bronchial asthma was also granted, with the rating now at 60 percent.

The Board has determined that additional development is necessary before the claims can be adjudicated, including obtaining medical records and scheduling a VA examination.

The Board has granted an effective date of October 20, 1996 for the award of special monthly compensation based on need for aid and attendance for accrued benefits purposes. The Veteran's seizure disorder was found to be completely disabling prior to his death.

The Board has denied the Veteran's claim to reopen his service connection for a seizure disorder, finding that no new and material evidence has been received.

The Board has remanded the case for further examination and development due to inadequate medical evidence in previous decisions.

The Board has remanded the case for additional development, including obtaining treatment records and conducting a VA examination to determine if the Veteran's current seizure disorder or leg conditions are related to his military service.

The Board has determined that the appellant's disabilities necessitate the regular aid and assistance of another person due to her inability to care for some of her daily personal needs and to protect herself from the hazards and dangers of her daily environment, warranting an increase in special monthly DIC benefits based on the need for A&A.

The Board has ordered additional development due to the need for Social Security Administration records and will consider the issues of service connection again after these records are obtained.

The Veteran's claim for service connection for migraine headaches is pending. The appeal regarding the April 1999 rating decision assigning a 40 percent initial rating for grand mal epilepsy has been granted, but the issue of whether there was clear and unmistakable error in that decision remains unresolved.

The Veteran's claims for head injury, syncopal episodes (claimed as seizures), and lumbar spine disorder are denied. The Board found no evidence of a head injury or syncopal episodes attributable to service. A lumbar spine disorder was not shown in service or within one year after separation.

The Veteran's seizure disorder is granted service connection, and the effective date for this grant of service connection is set at July 18, 2003. The Veteran's claims for service connection for a back disorder and psychiatric disorder are denied as they were not raised in his original claim. His initial evaluation for pilonidal cyst status post cystectomy remains unchanged.

The Board denied the Veteran's claims for service connection for a seizure disorder, bilateral shoulder disorders, and denied his petition to reopen a claim for service connection for a bilateral leg disorder. The decision also remanded one of the issues regarding bronchial asthma.

The Veteran withdrew his appeal of the denial of entitlement to service connection for a lung disability due to asbestos exposure at his August 2008 RO hearing.

The Veteran's service connection claims for a neuropsychological disorder and psychiatric disorder have been denied as there is no evidence of such conditions during his active military service, and the Board finds that they are not related to his service.

The Veteran's service-connected conditions did not cause his death, and he was not eligible for Dependents' Educational Assistance.

The Board denied service connection for seizures and PTSD, finding no medical evidence linking these conditions to the Veteran's military service. The Board also found that there was insufficient credible supporting evidence of in-service stressors for PTSD.

The Veteran's unauthorized medical expenses incurred at Ocala Regional Medical Center on January 6, 2004 were reimbursed as the treatment was in a medical emergency of such nature that delay would have been hazardous to life or health.

The Board has determined that new and material evidence has not been received to reopen the Veteran's claim of entitlement to service connection for seizures due to brain surgery, which was previously denied in August 2003.