Epilepsy & seizure disorders decisions — 2011

The Board has reopened the Veteran's claims for service connection for a seizure disorder and an acquired psychiatric disorder, to include PTSD. The claim for service connection for a seizure disorder is pending with an unknown disposition.

The Veteran's claim for service connection for an epileptiform seizure disorder is being remanded due to the need for further development of his medical records and a review by an appropriate examiner.

The Veteran's claim of an effective date prior to September 28, 2001 for a grant of service connection for posttraumatic seizure disorder was dismissed as the appeal is not about service connection at all.

The Board denied the Veteran's claims for increased evaluation of lumbar spine disability, service connection for seizure disorder, and reopening of right knee claim. The decision is final.

The Board found that the Veteran's epilepsy is not due to disease or injury incurred in or aggravated by his active military service, including a head injury sustained during his service.

The Board found no evidence linking the Veteran's current hearing loss, tinnitus, psychiatric disorder, heart disease, stroke, seizures, cold injuries to service or any specific exposure. The Veteran's assertions were not credible and his claims for these conditions were denied.

The Board finds that the Veteran's death was not caused by VA medical care, and therefore DIC under 38 U.S.C. § 1151 is denied.

The Veteran's claims for an increased evaluation of grand mal epilepsy and service connection for a low back disorder were denied. The Board found that the Veteran did not meet the criteria for an evaluation in excess of 20 percent for his epilepsy, as he had not experienced at least one major seizure in the last two years or two minor seizures in the last six months. For the low back disorder claim, there was no evidence showing it was related to service.

The Veteran's appeal is being remanded for additional development, including obtaining Social Security Administration records and a VA examination to determine the etiology of his current seizure disorder.

The Board denied the appellant's claims for service connection for lung cancer and compensation under 38 U.S.C.A. § 1151 for amputation of fingers and a seizure disorder, finding that there was no evidence to support the claim.,The appellant argued that his conditions were related to VA treatment or exposure, but the Board found insufficient evidence to establish fault on the part of VA.

The Board has determined that the Veteran does not have a current seizure disorder and there is no competent clinical or credible lay evidence linking any of his claimed disabilities to service. As such, service connection for these conditions cannot be granted.

The Board has determined that the Veteran's seizures are not related to his service, and therefore denied his claim for service connection.

The Veteran's claim for an earlier effective date for the grant of service connection for a pilonidal cyst was denied as there were no prior informal or formal claims filed before July 18, 2003. The Board found that the earliest possible effective date is July 18, 2003.

The Veteran's appeal is being remanded for additional development, including obtaining private medical records and conducting a VA examination to assess the severity of his seizure disorder. The TDIU claim will also be addressed.

The Veteran's cause of death was advanced dementia, which is not service-connected. The other conditions contributing to his death (COPD, CAD, and seizure disorder) are also not service-connected. The Veteran did not meet the requirements for DIC benefits under 38 U.S.C.A. § 1318.

The Board has determined that the Veteran incurred a traumatic brain injury with concentration and attention difficulties during active service, but found no evidence to support seizure activity, fainting, or syncope. Service connection for these conditions is granted for the former, but denied for the latter.

The Board found new and material evidence to reopen the claim of service connection for a seizure disorder, but determined that the Veteran's pre-existing seizure disorder did not increase in severity during active service.

The Board has determined that the effective date for the grant of a total disability rating based on individual unemployability is April 9, 2004. The Veteran's claim was granted secondary to his service-connected seizure disorder and depression.

The Board has decided to remand the case for additional development, including obtaining treatment records and clarifying the examiner's opinion regarding the Veteran's seizures.

The Board found that the Veteran's claimed conditions are not related to his service, including his service in the Persian Gulf War. The claims for service connection were denied.