Epilepsy & seizure disorders decisions — 2009

The Veteran's PTSD is characterized by occupational and social impairment with deficiencies in most areas, warranting a 70 percent evaluation.

The Veteran is seeking compensation for an additional disability she claims was caused by VA's failure to diagnose her as having a seizure disorder and misdiagnosing her as only having an anxiety disorder. The Board has ordered further development, including obtaining medical records from 2003-2004 and scheduling the Veteran for a VA examination.

The Board denied service connection for the Veteran's claimed conditions, finding that there was no evidence of a current disability or a link to service.

The Board denied the Veteran's petition to reopen his claims for service connection for residuals of a head injury, seizures, and dislocation of the spine (also claimed as dislocated neck), finding that the additional evidence submitted did not provide a reasonable possibility of substantiating these claims.

The Board found that the appellant was not permanently incapable of self-support prior to his 18th birthday, and thus is not entitled to VA helpless child benefits.

The Veteran's claims are being remanded for additional development, including obtaining SSA records and VA treatment records. A VA examination is also needed to determine the nature and etiology of his current headaches and dizziness.

The Board has determined that the current development of issues related to PTSD and pre-syncopal episodes is inadequate, necessitating further development. The Veteran's claims for these conditions are being remanded.

The Veteran's claim for an increased rating for his service-connected seizure disorder was denied by the Board, as it did not meet the criteria for a higher evaluation based on the frequency and severity of seizures.

The Board has determined that the Veteran's death was due to service-connected causes, with exposure to ionizing radiation during service being a contributing factor.

The Veteran's claims for service connection for depression and seizures are being remanded due to the need for additional medical examinations and records.

The Board has denied the Veteran's claims for service connection for a grand mal convulsive disorder and epilepsy, as well as his claims for left ear hearing loss and chronic tinnitus. The evidence submitted since the previous denial does not relate to an unestablished fact necessary to substantiate these claims.

The Board has determined that the Veteran does not have a cerebrovascular accident, sleep disorder, seizure disorder, headache disorder, joint pain, fatigue, skin disorder, muscle pain, neurologic signs and symptoms, or neuropsychiatric signs or symptoms (memory loss) due to service connection. The claims are denied.

The Board denied the Veteran's claim for service connection for a seizure disorder, finding that new and material evidence had not been received to reopen the claim. The Board also found that any current seizure disorder was not incurred in or aggravated by service.

The Board has determined that new and material evidence has been submitted to reopen the Veteran's claim for service connection for a seizure disorder, including epilepsy. The Board also found that the Veteran's current seizure disorder is as likely as not etiologically related to his inservice head injury in February 1966.

The Veteran's claims of service connection for seizures, migraine headaches, and fatigue were denied as there is no in-service injury or disease manifesting these conditions.,Migraine headaches are presumed to have preexisted service entrance. The Board found that the Veteran did not show aggravation during service.

The Board has granted service connection for the Veteran's seizure disorder, including memory loss and confusion, finding that these conditions are related to an in-service injury.

The Veteran's initial rating for his generalized anxiety disorder with PTSD features has been increased to 30 percent, effective from May 15, 2001. Service connection was granted for hypertension and a seizure disorder, but the Board found no evidence linking these conditions to service.

The Board has denied the claim for an earlier effective date for service connection of a seizure disorder, finding that the earliest date of entitlement is February 6, 2006.

The Board found that the Veteran's service-connected low back disability alone renders him unable to work or obtain and retain substantially gainful employment, resolving reasonable doubt in his favor.

The Veteran's epilepsy has been rated at 30 percent since his separation from service. The Board found that the frequency of his major seizures warranted an increase to 80 percent.