Epilepsy & seizure disorders decisions — 2011

The Board found that the VA's failure to refill a Lorazepam prescription caused an acute breakthrough seizure and subsequent thoracic spine injury, finding this was due to carelessness and error in judgment. The appellant is granted benefits under 38 U.S.C.A. § 1151.

The Board denied service connection for seizures, chronic low back disorder, heart disorder, and ulcerative colitis. The Veteran's claims were based on his assertions of in-service jeep accidents and exposure to Agent Orange, but the evidence did not support these claims.

The Board has determined that the Veteran's seizure disorder is a residual of brain injury sustained during service, and thus grants service connection for this condition.

The Veteran's appeal has been dismissed due to his death. The Board had no jurisdiction to adjudicate the merits of his claims as he died during the pendency of this appeal.

The Board has denied the Veteran's claims for an initial rating in excess of 10 percent for his seizure disorder and service connection for residuals of a traumatic brain injury, finding that there is insufficient evidence to support these claims based on the current record.

The Board has denied the Veteran's claims for service connection for seizure disorder, sleep apnea, and GERD. The evidence does not support a finding of current diagnoses or a link to service.

The Veteran's son was found to be permanently incapable of self-support at 18 years old due to his mental and physical disabilities, but the claim is not reopened as new evidence does not raise a reasonable possibility of proving the claim.

The Board denied the Veteran's claims for service connection, effective dates, and compensation under 38 U.S.C.A. § 1151 due to lack of new and material evidence.

The Veteran's seizure disorder was initially rated at 10 percent from August 21, 2002 to June 1, 2005 and is not entitled to an increased evaluation during this period.

The Board has determined that new and material evidence has been received to reopen the Veteran's claim of service connection for a seizure disorder, which was previously denied in June 2007.