Epilepsy & seizure disorders decisions — 2009

The Board has determined that the Veteran's currently diagnosed bipolar disorder and partial-complex seizure disorder are not related to her military service, leading to a denial of these claims.

The Veteran's claim for payment or reimbursement of unauthorized medical expenses incurred at a private hospital on September 29, 2006 is being remanded due to the need for additional development regarding whether the emergency treatment was provided in a medical emergency.

The Veteran's claim for an evaluation in excess of 60 percent for myoclonic epilepsy was denied by the Board, as there is no evidence that he has averaged more than one major seizure every four months during a year.

The Veteran's service connection claim for a disorder characterized by seizures and blackouts was denied. The Board also found that the Veteran's PTSD did not warrant an initial rating in excess of 50 percent for the specified period.

The Board has determined that the Veteran's claims for service connection for PTSD, residuals of malaria, and seizures have been denied as there is no direct evidence linking these conditions to his military service.

The Board has determined that there is no evidence to support a finding of a seizure disorder, residuals of a cerebral concussion, related to the Veteran's period of active duty. Therefore, service connection for this condition is denied.

The Board denied all service connection claims for diabetes mellitus, a back disability, allergies, hepatitis, hemorrhoids, and epilepsy. The evidence did not support the Veteran's assertions of in-service or post-service connections.

The Board found that the Veteran's seizure disorder was not incurred in service and is presumed to have pre-existed service. The major depressive disorder and hepatitis C were also not related to service.

The Board has remanded the case for additional development, including obtaining VA treatment records and Social Security Administration (SSA) records. The Veteran will be scheduled for a VA examination to determine if his seizure disorder and/or headaches are related to his time in service.

The Board has remanded the case due to insufficient evidence regarding the etiology of the Veteran's symptoms, specifically whether they are related to active service.

The Board has ordered a remand to obtain updated VA treatment records and reconcile conflicting medical opinions regarding the Veteran's seizure disorder.

The Board found that the service member's death was not caused by a service-connected condition, and thus denied both the claim for service connection for the cause of death and the DIC under 38 U.S.C.A. § 1318.

The Veteran's claims for earlier effective dates for nonservice-connected pension and special monthly pension on the basis of need for aid and attendance have been granted, with the effective date set at October 24, 1991, and May 20, 2004 respectively.

The Veteran's claims for increased rating of bronchial asthma, service connection for residuals of a head injury, and service connection for epilepsy are being remanded due to the need for additional development.

The Veteran's claims for service connection have been denied as new and material evidence has not been presented to reopen the claims. The Board found no evidence linking current psychiatric, seizure, varicose vein, or headache conditions to his military service.

The Board has determined that further development of the Veteran's claims, including obtaining his service records and conducting medical examinations, is necessary to properly adjudicate these issues.

The Board has determined that the Veteran's claims for service connection for a pituitary brain tumor with depression and a seizure disorder have not been reopened due to lack of new and material evidence. The evidence submitted does not provide credible medical evidence linking these conditions to her active military service.

The Veteran's appeals for service connection and rating were denied. The RO granted service connection for tension headaches associated with seizure disorders, but assigned a noncompensable rating.

The Board has decided to remand the case for further development due to missed or cancelled examinations and incomplete records.

The Board granted service connection for residuals of heat injury and assigned a 20 percent rating, effective May 10, 2000. The Veteran's disability picture prior to September 16, 2008 is most nearly approximates the criteria for a 40 percent rating.