Epilepsy & seizure disorders decisions — 2011

The Board has denied the Veteran's petitions to reopen his claims for service connection for seizures and blackouts, as well as postoperative gastric ulcer. The evidence received since the last denial is not new or material.

The Veteran's brain tumor and seizures are being remanded for further development, including a VA examination to determine their relationship to service. The case will be reconsidered after the examination.

The Veteran's seizure disorder is rated at 40 percent, and his Dupuytren's Contracture of the right hand is rated as noncompensable. The Board found that the seizure disorder does not warrant a higher rating based on frequency or severity.

The Board has denied the Veteran's claims for service connection for central nervous system vasculitis and seizure disorder, finding that there is no evidence of a disease or injury in service or a continuity of symptomatology since service. The Board also found no evidence of 'mad cow' disease.

The Veteran's claim for a total disability rating based on individual unemployability due to service-connected disabilities is being remanded for further development, including obtaining updated VA treatment records and scheduling the Veteran for a VA examination.

The Veteran's seizure disorder has been characterized by an average of 12-15 minor seizures per year since October 1, 2006. The Board finds that the criteria for a 20 percent evaluation have been met.

The Board has granted the Veteran's claim to reopen his service connection claim for a seizure disorder, finding new and material evidence. The underlying claim of secondary service connection based on PTSD is also granted.

The Veteran's appeal is remanded due to the need for additional development and consideration of her claims, including a new evaluation for dysthymia and entitlement to automobile and adaptive equipment or adaptive equipment only.

The Board has remanded the case due to the need for additional development of records, including from SSA and VA facilities as well as private providers. The Veteran's claim for service connection for a seizure disability is also inextricably intertwined with the SMC claim.

The Veteran's claim for an increased rating for his seizure disorder was denied as the evidence did not show that he met the criteria for a higher evaluation under the applicable rating criteria.

The Board found that the Veteran's current seizures and CVA did not manifest within a year of service, nor were they related to his in-service head injury. The claims for residuals of head injury, seizure disorder, and CVA as secondary to seizure disorder are therefore denied.

The Board has determined that the Veteran's service-connected seizure disorder contributed substantially to his death due to hypertensive and atherosclerotic cardiovascular disease, resolving all doubts in favor of the appellant.

The Board has determined that the Veteran's seizure disorder is causally related to his time in service, and thus grants service connection for this condition.

The Veteran's service-connected disabilities, including schizoaffective disorder, inactive pulmonary tuberculosis, and seizure disorder, are of such severity that he is unable to secure or follow substantially gainful employment.

The Board has remanded the case for additional consideration by a VA reviewing physician to determine whether the Veteran's seizure disorder contributed substantially or materially to his death, combined to cause death, or aided in producing death.

The Board has determined that the Veteran's seizure disorder was incurred during service, as there is no clear and unmistakable evidence to rebut the presumption of soundness at entry into service.

The Board found that the Veteran's seizure disorder did not manifest during service and is not attributable to his period of military service, thus denying the claim for service connection.

The Board has determined that the Veteran's residuals of a stroke, seizure disorder, and antiphospholipid antibody syndrome are not related to his active military service.

The Veteran seeks compensation under 38 U.S.C.A. § 1151 for head injury residuals, but the case is remanded due to incomplete records and need for further clarification of events leading to the incident.

The Board has determined that the reduction in the rating for the Veteran's grand mal epilepsy from 100 percent to 40 percent effective March 1, 2007 was proper based on evidence showing improvement. The current status of his condition warrants a 60 percent rating.