Epilepsy & seizure disorders decisions — 2010

The Board has determined that new and material evidence has been presented to reopen the claim of service connection for low-grade oligodendroglioma. The Board also concludes that the Veteran's low-grade oligodendroglioma was incurred in service, and grants the claim.

The Veteran's claim for service connection for a seizure disorder is being remanded due to the need for additional medical examination and consideration of new evidence.

The Veteran's seizures, diagnosed as epilepsy and focal seizure disorder, are presumed to have been incurred during active military service. The Board has granted the claim for service connection.

The Board has remanded the claim for service connection due to insufficient medical opinion regarding the etiology of the appellant's seizure disorder. The appellant needs to provide additional evidence and undergo further examination.

The Veteran's claim for payment or reimbursement of unauthorized medical expenses associated with treatment provided by a non-VA facility on March 16, 2007 was denied as the claim was not submitted within 90 days of the date of treatment.

The Board has determined that the Veteran's timely and adequate Notice of Disagreement was filed within one year of the September 2006 rating decision, thus granting the appeal for all denied issues.

The Veteran's service-connected idiopathic seizure disorder is manifested by either an average of one major seizure every three months, more than 10 minor seizures per week. The Board has determined that the disability picture most closely approximates a 80 percent rating.

The Veteran's claim for service connection for residuals of head trauma was denied as there is no evidence of a current disability resulting from in-service head trauma.

The Board denied the appellant's claim for service connection for the cause of the Veteran's death and denied entitlement to eligibility for loan guaranty benefits. The case is being remanded for further development.

The Board has granted service connection for a chronic seizure disorder, finding that the condition existed prior to service but increased in severity during military service. The Veteran's other claims related to dental trauma and injuries under 38 U.S.C.A. § 1151 are addressed in the REMAND portion of this decision.

The Veteran's seizure disorder was rated at 40 percent prior to February 1, 2005 and at 20 percent beginning February 1, 2005. The Veteran's headaches were initially rated at 10 percent and are now rated at 30 percent throughout the appeal period.

The Veteran withdrew his appeal for service connection for seizures and/or blackouts, which left no issues for appellate consideration.

The Board has determined that the Veteran's seizure disorder, which is currently rated as 10 percent disabling under Diagnostic Code 8910 for epilepsy, grand mal, does not meet or approximate the criteria for a higher rating. The evidence shows no major seizures in the last two years and no minor seizures in the last six months.

The Board found that there is no competent evidence of a current diagnosis of a seizure disorder. The Veteran's claim for service connection for a seizure disorder was denied.

The Veteran's claim to reopen his previously denied service connection for brain seizures is being remanded due to the need for proper VCAA notice.

The Board has remanded the case for further development, including obtaining VA treatment records and scheduling a VA neurological examination to determine if the Veteran has a current seizure disorder related to his military service.

The Board is remanding the case for additional development, including obtaining missing service treatment records and attempting to locate VA hospitalization reports from 1975 to 1996.

The Board has ordered the case to be remanded due to the need for additional development, including obtaining Social Security Administration records and VA treatment records. The Veteran's service connection claim for a psychiatric disorder is pending.

The Board has determined that the Veteran's seizure disorder with memory loss, diagnosed as posttraumatic epilepsy, was incurred or aggravated during active military service and grants the claim.

The Board denied the Veteran's claims for service connection for various conditions, including bilateral hearing loss, tinnitus, and otitis media. The decision also addressed other issues such as gastritis, a right thumb injury, folliculitis barbae, seizure disorder, and an acquired psychiatric disorder. No new evidence was found to reopen the claim for hearing loss.