Epilepsy & seizure disorders decisions — 2009

The Veteran's claim for residuals of a low back injury and right ring finger injury was denied due to lack of competent medical evidence linking the current conditions to service.,The Veteran's recurrent left ankle strain has been granted service connection, with no specific date provided in the decision.

The Board found no clear and unmistakable error in either the May 1986 or June 1987 rating decisions regarding the Veteran's generalized seizure disorder. The initial 40 percent evaluation was upheld, as were the subsequent reductions to 20 percent.

The Veteran's claims for service connection are being remanded due to the need to obtain additional records from the Social Security Administration.

The Board has determined that the Veteran's claims of service connection for a psychiatric disorder and seizure disorder have been denied as there is no new and material evidence to reopen the claims, and the preponderance of the evidence does not support the presence of these conditions in service or due to service.

The Veteran's claims for increased ratings and service connection for sleep apnea, upper respiratory infection disability, erectile dysfunction, and periodontitis have been denied. The Board found that the evidence did not support a finding of secondary service connection for these conditions.

The Veteran's appeal is denied as the claims for service connection and increased rating have not been substantiated by new and material evidence, and the effective date of TDIU remains at December 17, 1998.

The Veteran's myoclonic epilepsy is currently rated at 20 percent, and the Board found that it does not warrant a higher rating based on his current symptoms.

The Board has determined that the VA examination report is inadequate for adjudicating these claims due to incomplete review of the entire record, including private medical records. The case must be remanded for further development and consideration.

The Board has remanded the case for additional development, including VA examinations to address the nature and etiology of any seizure/pseudo-seizure disorder, dizziness, and recurrent ear infections.

The Veteran's combined disability rating for pension purposes is 70 percent, but he does not meet the criteria for special monthly pension based on need for aid and attendance or being housebound.

The Board found that the Veteran's seizure disorder did not have its onset in service, was not manifested within one year of separation from service, and is otherwise unrelated to his active military service.

The Veteran's claims for service connection and initial compensable ratings for various conditions have been denied. The Board found that the evidence did not meet the criteria for a compensable rating for allergic rhinitis.

The Board has remanded the case for further development, including obtaining private treatment records and scheduling a VA examination. The Veteran's claims for service connection and increased ratings are pending.

The Board has determined that the reduction of the disability rating for idiopathic generalized epilepsy from 100% to 20%, effective September 1, 2007 was not proper and restored the original 100% rating.

The Board denied the Veteran's claims for service connection for syncope, anxiety neurosis, PTSD, inner ear infections, cardiovascular disease (including as secondary to PTSD), and bilateral eye condition (cataracts). The reasons were that no new and material evidence was submitted to reopen the claims for vasovagal episodes and anxiety reaction. The Board also found that there is no link between current conditions and service.

The Board has remanded the case for additional development, including obtaining service treatment records and a VA psychiatric examination to determine if the Veteran's pre-existing schizophrenia was aggravated by service. The seizure disorder claim is inextricably intertwined with the schizophrenia claim.

The Veteran's appeal is being remanded for additional development, including scheduling a hearing before a Veterans Law Judge.

The Board has determined that the Veteran's need for regular aid and attendance of another person or due to being housebound was not met, thus denying his claim for restoration of special monthly pension.

The Board has reopened the Veteran's claims for service connection for hypertension and seizure disorder, but denied them on their merits. The evidence submitted since the last final denial does not relate to a necessary unestablished fact or raise a reasonable possibility of substantiating the claims.

The Veteran's seizure disorder is currently rated at 80 percent disabling, effective June 28, 2004.