Epilepsy & seizure disorders decisions — 2010

The Board found that the earliest date as of which an increase in disability had occurred for epilepsy was October 13, 2004. Therefore, the effective date for a 100 percent rating for epilepsy is set at this date.

The Board has remanded the case for additional development, including a VA examination to assess the current severity of the Veteran's myoclonic epilepsy and whether it prevents him from obtaining gainful employment. The TDIU claim will be referred to the Director of Compensation and Pension for consideration.

The Veteran's appeal regarding the initial rating for seizure disorder was denied. The claims of CUE in the December 1991 and April 2004 rating decisions were also denied.

The Veteran's service-connected seizure disorder, numbness and paresthesia of the left lower extremity, and paresthesia of the left hand have been granted increased ratings to 40 percent effective April 13, 2004.

The Board has determined that the Veteran's seizure disorder and hypertension were not incurred in or aggravated by active military service, and may not be presumed to have been incurred in service. As such, the claims for service connection are denied.

The Board found that the Veteran does not have a current seizure disorder and denied his claim for service connection.

The Board denied the reopening of the claim for service connection for a seizure disorder, finding that new and material evidence had not been received to support the claim.

The Veteran's claim for service connection for a seizure disorder due to head injury during service is being remanded for additional development, including obtaining medical records and conducting an examination.

The Board has granted service connection for a psychiatric disability, headache disorder, and seizure disorder based on continuity of symptomatology since service.

The Veteran's claim for compensation under the provisions of 38 U.S.C.A. § 1151 is being remanded due to an inadequate examination in determining that he was not entitled to benefits.

The appellant's previously denied claim for service connection for the cause of her husband's death is being reopened. The VA has revised its regulations to add ischemic heart disease, including arteriosclerosis vascular disease, as a condition warranting service connection due to herbicide exposure. This change may affect her eligibility for DEA benefits.

The Board has remanded the case to afford the Veteran a VA examination and obtain an opinion on whether his seizures and blackouts are related to service. The Veteran's recent incarceration and seizure incidents have also been noted.

The Veteran's appeal is being remanded due to the need for a Travel Board hearing. The rating for his seizure disorder remains unchanged at 40 percent.

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

The Veteran's seizure disorder was not caused by or a result of the May 2002 surgery at VA, and therefore his claim for benefits under 38 U.S.C.A. § 1151 is denied.

The Veteran's service-connected disabilities do not meet the minimum schedular percentage standards for a total disability rating for compensation based on individual unemployability.

The Veteran withdrew his appeal on the issue of entitlement to a TDIU due to service-connected disabilities.

The Veteran's seizure disorder/epilepsy was not manifested in service or within one year of discharge, and there is no evidence linking the condition to his military service, including as due to herbicide exposure. The Board finds that service connection for a seizure disorder/epilepsy is not warranted.

The Veteran's appeal has been withdrawn, and her case is dismissed.

The Board finds that service connection for epilepsy is warranted as there is evidence showing the appellant's disability is more likely than not related to a traumatic brain injury sustained in service.