Epilepsy & seizure disorders decisions — 2010

The Board denied the Veteran's claims for service connection for a low back disorder and seizure disorder, finding that new evidence did not raise a reasonable possibility of substantiating these claims.

The Board has determined that the Veteran's current seizure disorder with headaches is incurred in or aggravated by service, and grants service connection for this condition.

The Board has reopened the claim for service connection for a seizure disorder and finds that new and material evidence has been submitted. The Veteran's current seizures are considered secondary to his previously service-connected seizure disorder.

The Veteran's combined disability evaluation is 70 percent, which meets the percentage requirements for a TDIU. The Veteran has been found unable to secure or follow a substantially gainful occupation due to his service-connected disabilities.

The Board has determined that new and material evidence has not been received to reopen the Veteran's claims for service connection for bilateral wrist injury, bilateral foot injury, acquired psychiatric disorder (including PTSD, depression, and nervous/anxiety disorder), lumbar spine disorder, and epilepsy, partial complex. The claims were previously denied in December 2004 due to lack of evidence showing a nexus between these conditions and the Veteran's military service.

The Veteran is entitled to special monthly pension benefits due to his nonservice-connected disabilities and age over 65, meeting the criteria for housebound status.

The Veteran's appeal is being remanded for further development, including VA examinations to assess the severity of his service-connected seizure disorder and whether he has migraines that are related to or aggravated by his seizure disorder.

The Veteran is seeking to have his daughter recognized as a helpless child for VA benefits purposes. The Board has ordered the retrieval of SSA disability benefit records and related medical evidence, as these may be relevant to the claim.

The Board found that new and material evidence had not been received to reopen the Veteran's claim for service connection for brain seizures with residual unconsciousness, convulsion, amnesia, and disorientation. The claim was considered on its merits but no rating or effective date was assigned.

The Board found that the Veteran does not have a current heart condition, seizure disorder, tinnitus, lung disorder, or diabetes mellitus that is service-connected. The evidence did not support a finding of in-service injury or disease for any of these conditions.

The Board found that the Veteran's seizure disorder was not incurred in or aggravated by service, and may not be presumed to have been incurred or aggravated therein.

The Board has determined that the Veteran's need for regular aid and attendance of another person is established, based on his multiple disabilities including seizure disorder, hypertension, diabetes, chronic renal insufficiency, degenerative disc disease, sleep apnea, narcolepsy, and diabetic neuropathy. As a result, SMP benefits are granted.

The Board has determined that the Veteran's claims for service connection for a brain aneurysm/stroke and seizure disorder are remanded due to inadequate medical opinions regarding whether these conditions are related to his service-connected skull fracture with concussion and/or headaches. The case will be returned to the Board after new evidence is provided.

The Board has granted service connection for a low back disorder and increased the rating for epilepsy to 20 percent, effective October 22, 2008.

The Veteran's appeal is being remanded for additional development, including scheduling VA examinations and obtaining medical records.

The Veteran's claims for service connection and increased rating were denied. The Board found no evidence of a heart disability, seizure disorder, or respiratory condition related to service or herbicide exposure.

The Veteran's death was not service-connected, and he did not meet the criteria for DIC under 38 U.S.C.A. § 1318.

The Veteran's seizure disorder has been rated at 100 percent, the maximum allowed by law, due to frequent major seizures.

The Veteran's claim for service connection for residuals of a head injury, including seizures, is being remanded due to insufficient evidence and the need for further medical examination.

The Board has received notification of the appellant's request to withdraw her appeal for the issue of entitlement to a nonservice-connected disability pension. As such, this issue is dismissed.