Epilepsy & seizure disorders decisions — 2009

The Veteran does not have any of the claimed conditions and her claims for service connection are denied.

The Veteran's appeal has been withdrawn for the majority of issues. The claim for an increased rating for chronic fatigue syndrome is denied as it does not meet the criteria for a higher evaluation. The Veteran is also not entitled to special monthly compensation based on need for aid and attendance or housebound status.

The Veteran's tinnitus, epilepsy, and headaches have been granted service connection. The Veteran is assigned a 10 percent disability rating for his epilepsy, effective from the date of this decision.

The Board has determined that the Veteran's seizure disorder does not meet or approximate the criteria for a higher rating, and therefore denies an increased rating.

The Veteran's claim for service connection for cognitive deficits was denied as there is no evidence of a current disability and the Board finds that he did not have any cognitive deficits during his brief period of active duty.,The Veteran's claim for nonservice-connected pension benefits was denied because he did not meet the eligibility criteria based on his honorable discharge.

The Board denied the Veteran's claims for service connection for headaches, seizure disorder (temporal lobe seizures), and an acquired psychiatric disorder. The evidence did not support a finding that these conditions were incurred or aggravated by military service.

The Board found that the Veteran's seizure disorder is not related to his military service and denied his claim.

The Veteran is entitled to special monthly pension based on the need for regular aid and attendance due to his mental incapacity requiring assistance on a regular basis to protect him from hazards or dangers incident to his daily environment.

The Board denied the Veteran's claims for service connection for a seizure disorder, bilateral hearing loss, and mechanical low back strain. The evidence did not support these claims.

The Board found that the Veteran does not have a current diagnosis of a seizure disorder or epilepsy, and thus secondary service connection for a seizure disorder is not warranted.

The Veteran's claims for service connection for peripheral neuropathy and a right hip disability were denied. The claim for residuals of meningitis with seizure disorder (claimed as stroke) was also denied.,Service connection was granted for anxiety disorder with conversion reaction, rated at 10 percent prior to July 8, 2005, and at 30 percent from that date.

The Board found that the appellant's grand mal seizures, right-sided weakness, cognitive impairment and panic disorder were not caused by VA negligence or carelessness in providing medical treatment. The claim for a temporary total evaluation due to treatment of a service-connected condition was denied as it did not involve a service-connected disability.

The Board found that the Veteran's seizure disorder is not related to his military service and denied his claim for service connection.

The Veteran's appeal is being remanded to obtain updated treatment records and for VA examinations to assess the current severity of his seizure disorder and amnestic disorder.

The Veteran's appeal is being remanded for additional development of her claims, including obtaining VA outpatient treatment records.

The Board found that the Veteran's seizure disorder was not incurred in or aggravated by active service and denied his claim.

The Board has reopened the Veteran's claim of service connection for a seizure disorder due to new and material evidence submitted since the last denial. However, the claim is denied as his pre-existing seizure disorder did not increase in severity during active service.

The Veteran's appeal is being remanded for a new VA examination to determine the current severity and all manifestations of his service-connected residuals of a basal skull fracture manifested by seizures and headaches, as well as additional VA medical records.

The Veteran's claims for service connection for epilepsy and a psychiatric disorder (claimed as depression) were denied. The denial of the epilepsy claim is final, and new and material evidence has not been submitted to reopen it. The psychiatric disorder claim remains pending.

The Board finds that the Veteran does not have a current right elbow disability and thus cannot establish service connection. The Veteran's seizure disorder, absence seizures (petit mal), is currently rated at 10 percent under Diagnostic Code 8911 for petit mal epilepsy. The Veteran's chronic ethmoid sinusitis has been evaluated as noncompensable. The Veteran's right wrist sprain does not meet the criteria for a compensable evaluation.