Epilepsy & seizure disorders decisions — 2009

The Board denied entitlement to service connection for various disabilities, including head injury with memory loss, neck disorder, left wrist disorder, left ankle disorder, anxiety disorder, chest disorder, and seizure disorder or residuals of a gunshot wound to the left arm. The Veteran's claim was not granted as he failed to cooperate by failing to report for scheduled examinations.

The Board has granted evaluations in excess of the assigned ratings for the appellant's service-connected skull fracture, epilepsy, and chronic brain syndrome. The appellant is also entitled to special monthly compensation based on his need for regular aid and attendance.

The Board found no evidence linking the Veteran's current seizure disorder to his military service or any incident in service, and denied the claim.

The Veteran's death is being reviewed to determine if his service-connected conditions contributed to his cause of death. The appellant also seeks DIC benefits under a new version of the regulation.

The Board found that R.E. was not permanently incapable of self-support prior to the age of 18, and thus denied his claim for recognition as a child based on permanent incapacity for self-support.

The Veteran's claim for an initial disability rating in excess of 10 percent for service-connected seizure disorder from July 25, 1977 to July 20, 1999 is being remanded due to insufficient evidence and the need for a retrospective evaluation.

The Board denied the Veteran's claims of service connection for bilateral eye disorder, residuals of dental trauma, and seizure disorder. The evidence did not support a finding that any current conditions were related to his military service.

The Board found that the Veteran's service-connected post-operative residuals of tonsillitis did not cause or contribute substantially to his death from sepsis, cerebrovascular accident (CVA), bilateral carotid stenosis, and hypertension. The Board concluded that there is no evidence linking these conditions to his military service.

The Board denied service connection for a seizure disorder, PTSD, and low back disorder as the evidence did not establish these conditions were incurred or aggravated by military service.

The Board denied the Veteran's claims for service connection for pectus excavatum, coronary artery disease (CAD), and a myocardial infarction to include as secondary to pectus excavatum. The claim for seizure disorder was also denied. Service connection is not granted due to lack of evidence showing a nexus between any current disability and service.

The Veteran's claims for service connection for seizure disorder, headaches, and left eye condition are denied as there is no current evidence of these conditions.

The Board has determined that the Veteran's seizure disorder is due to a condition that was incurred in service, and thus grants service connection for this disability.

The Veteran is seeking an evaluation in excess of 10 percent for his service-connected seizure disorder from October 2006. The case has been remanded due to the need for additional medical records and a VA examination.

The Board determined that the declaration of forfeiture of eligibility for VA benefits under the provisions of 38 U.S.C.A. § 6103(a) against the Veteran was not proper, and thus the Veteran's appeal to remain eligible for VA benefits is granted.

The Board denied the Veteran's claims of service connection for psychiatric disorders and seizure disorder, finding no current disability or disease due to spina bifida occulta. The claim was also denied as new and material evidence had not been received to reopen the claims.

The Veteran's service-connected seizure disorder and migraine headaches were granted, with the seizure disorder receiving a higher initial evaluation of 40 percent effective July 26, 2004, and 20 percent effective February 1, 2005. The Veteran's claim for an increased rating for his migraine headaches remains pending.

The Veteran's appeal was dismissed due to his death, and the Board has no jurisdiction to adjudicate the merits of this claim.

The Board has determined that there is no competent medical evidence of a current diagnosis of a seizure disorder, and thus service connection for febrile seizures, claimed as convulsions, is not established.

The Board has granted the Veteran's request to reopen her claim of service connection for seizure disorder, and a VA examination is needed to determine if her condition was aggravated during service.

The Veteran's claim for an earlier effective date for the grant of service connection for PTSD was denied. The Board found no CUE in the April 1980 rating decision denying service connection for psychomotor epilepsy, and thus, the March 1994 rating decision granting service connection for PTSD with a January 3, 1994 effective date is not subject to revision based on CUE.