Epilepsy & seizure disorders decisions — 2010

The Veteran's seizure disorder was rated at 30 percent from October 13, 1972 to November 21, 1974. From May 22, 1976 onwards, the disability is not entitled to a rating greater than 10 percent.

The Board found that the Veteran was not on active duty, active duty for training, or inactive duty for training at the time of his motor vehicle accident in August 1990. Therefore, service connection for a seizure disorder is denied.

The Board denied the appellant's claim for service connection for the cause of the Veteran's death, finding that no disability incurred in or aggravated by service caused or contributed to the Veteran's death.

The Veteran's seizure disorder was granted an initial evaluation of 100 percent from August 16, 2005 to December 31, 2006.

The Veteran's glioblastoma multiforme and seizure disorder are both found to be related to service, with the seizures being secondary to the glioblastoma.

The Veteran's service-connected idiopathic epilepsy is currently rated at 20 percent, and the Board has found that it does not warrant a higher rating.

The Veteran's service-connected disabilities, including his shrapnel wounds and stroke-related conditions, have significantly impacted his mobility. He is seeking specially adapted housing assistance and a special home adaptation grant to accommodate these needs.

The Board found that the Veteran's death was not caused by or related to service-connected conditions, and denied the claim for service connection for the cause of his death.

The Board has determined that the Veteran's current seizure disorder had its onset in service or is otherwise etiologically related to an injury that occurred during his active service, and thus grants service connection for a seizure disorder.

The Veteran's seizure disorder has been rated at 80 percent since December 26, 2008. The Board found that the evidence supported a higher rating than initially assigned.

The Board has determined there is no legal basis for assigning a schedular rating in excess of the current 50 percent for the Veteran's service-connected headache disability. The claims for entitlement to service connection for seizures, an acquired psychiatric disability (including schizophrenia), and diabetes mellitus have been denied as well.

The Veteran's appeal for service connection on all issues was denied. The claim for a neurological disorder (claimed as seizure disorder) is dismissed due to withdrawal by the Veteran.

The Board has granted service connection for a seizure disorder and a psychiatric disability, including anxiety disorders, panic disorder, and major depressive disorder. The Veteran's symptoms have been present since his military service.

The Board denied the appellant's claims of entitlement to service connection for hypertension, epilepsy (previously claimed as blackouts), and an acquired psychiatric disorder, including PTSD. The evidence did not show a current diagnosis of epilepsy or any other condition related to service.

The Board has granted an effective date of April 18, 2007 for the award of a total rating based on individual unemployability (TDIU). The Veteran's claim was filed on this date.

The Board found no evidence to support the Veteran's claim that his current seizure disorder is related to military service, including head trauma sustained during service.

The Veteran's claim for service connection for epilepsy was denied as there is no current evidence of the condition, and his symptoms from service have not persisted.

The Veteran's seizure disorder, which is currently rated as 10 percent disabling, has been found to be productive of a disability picture more nearly approximated by 9 to 10 minor seizures weekly. The Board finds that the Veteran's seizure disorder warrants a 60 percent rating under Diagnostic Code 8911.

The Veteran's claims for service connection for hepatic encephalopathy and a seizure disorder were denied as there is no evidence linking these conditions to his military service, including exposure to herbicides.

The Board has remanded the case for additional development due to outstanding VA treatment records and a need for an examination regarding the Veteran's seizure disability.