Epilepsy & seizure disorders decisions — 2009

The Board denied the Veteran's claims for service connection for a seizure disorder, residuals of a right rib fracture, and a compensable initial rating for hemorrhoids. The Veteran did not have an increase in her pre-existing seizure disorder during active military service, and there is no evidence of permanent aggravation.

The Veteran's death was caused by a liver disorder, not related to his service-connected seizure disorder. The Board found no evidence linking the liver condition to the seizure disorder.

The Veteran's appeal is being remanded for additional development, including a TBI examination and an examination to assess the current severity of his seizure disorder.

The Board has restored service connection for the Veteran's seizure disorder, finding that the original grant was not clearly and unmistakably erroneous.

The Veteran seeks service connection for a seizure disorder, but the appeal is being remanded due to incomplete information regarding his military status and accident details.

The Veteran's appeals for service connection for depression, a visual defect, and hypertension have been withdrawn. The claims for migraine headaches, seizures, and low sperm count due to radiation exposure are dismissed as unsupported by the evidence.

The Board found that the Veteran's seizures and blackouts are not related to service, including a head injury sustained during service. The preponderance of evidence does not support a finding that these conditions were incurred or aggravated by service.

The Board has determined that new and material evidence has not been submitted to reopen the claim of service connection for a seizure disorder. The Veteran's representative argued that the seizures may be secondary to his service-connected diabetes mellitus, but this was not considered new and material evidence.

The Board has determined that new and material evidence has not been received to reopen the appellant's claim of service connection for a seizure disorder, as his claim was previously denied in August 1977 without appeal. The current evidence does not provide sufficient information to substantiate the claim.

The Veteran's seizure disorder is not considered to be caused by VA treatment, and the Board found that there was no evidence of negligence or fault on the part of VA in providing care.

The Veteran's claims for service connection were denied on the merits, and his requests for increased ratings and TDIU were also denied. The case is remanded to issue a SOC regarding the claim of entitlement to automobile and adaptive equipment or adaptive equipment only, schedule a Travel Board hearing at the RO, and otherwise complete the development requested in the November 2007 remand.

The Board has determined that the Veteran's seizure disorder is related to a head injury sustained during service, and thus grants service connection for this condition.

The Veteran's appeal has been dismissed due to his death.

The Veteran's claims for increased ratings and service connection were denied. The left radius disability is rated at 10 percent, the acquired psychiatric disorder was not incurred in service or due to a presumptive condition, sinusitis with septal deformity was not related to service, back and neck spasms and seizures with facial numbness are not related to service, double hernia with stomach muscles deformity were not related to service, and asbestos-related disease and bilateral shoulder disability were also denied.

The Board has granted service connection for the Veteran's diagnosed grand mal epilepsy, finding that it represents an incurred disability during his active military service.

The Board has determined that additional development of the evidence is required to properly address the Veteran's claims for service connection for residuals of a head injury and seizures as a result of a head injury. This includes obtaining missing service treatment records, personnel records, and VA medical records; providing proper VCAA notice regarding ACDUTRA and INACDUTRA periods of service; scheduling the Veteran for a VA examination to determine the nature and extent of his current seizures; and readjudicating the claims in light of any additional evidence obtained.

The Board found that the evidence submitted since the November 1984 RO decision does not relate to an unestablished fact necessary to substantiate the claim for service connection for cause of death and is therefore not material. As a result, the application to reopen the claim was denied.

The Veteran's status-post craniotomy for a brain tumor and postoperative infections with residual seizures, headaches, asymmetrical hearing loss, left extremity paralysis, hair loss, skin damage, head lump, sutures, scars, discoloration and deformed skull was incurred in active service.

The Veteran's claim for an automobile and adaptive equipment is being remanded due to the need for additional evidence, including medical records from private physicians.

The Board denied the Veteran's application to reopen his claim for service connection for a seizure disorder due to lack of new and material evidence.