Epilepsy & seizure disorders decisions — 2011

The Veteran's seizure disorder has been rated at 20 percent since January 2006. The Board finds that the evidence is in approximate balance as to whether an increased initial evaluation of 40 percent for a seizure disorder should be granted, and grants such a rating effective from September 12, 2005.

The Board has determined that the Veteran does not have any of the claimed conditions due to service, including exposure to radiation or chemical agents. The evidence does not support a finding of service connection for seizures, loss of vision, blurred vision, vertigo, and encephalopathy.

The Board found no evidence of a current disability related to service, including seizure disorder and headaches. The Veteran's claims were denied.

The Veteran's epilepsy, which is currently rated at 80 percent disabling, has rendered him unable to secure or follow a substantially gainful occupation due to his service-connected disability. The Board finds that the Veteran meets the criteria for TDIU as he is unemployable by reason of his epilepsy.

The Board has determined that the Veteran's generalized epilepsy is likely related to a head injury sustained during his military service, and thus grants service connection for this condition.

The Veteran died from respiratory depression due to acute morphine intoxication. The appellant claims that the death was caused by his service-connected conditions, including generalized anxiety with depression and PTSD, which may have led him to abuse painkillers like morphine. The Board finds a need for additional development to determine if the cause of death is related to service connection.

The Board denied service connection for a seizure disorder and the right foot disability as secondary to his left foot disability. The Veteran's claim for compensation under 38 U.S.C.A. § 1151 for a right foot disability was also denied.,Compensation under 38 U.S.C.A. § 1151 for bilateral cataracts, status post surgery, was not addressed in this decision.

The Board dismissed the appeal because the appellant died during the pendency of the case, and thus has no jurisdiction to adjudicate the merits.

The Board denied service connection for Temporal Lobe Epilepsy and PTSD, finding no evidence of a current disability related to service or the Vietnam era.

The Board has remanded the case for additional development, including obtaining updated VA treatment records and arranging for a Gulf War protocol examination to determine if the Veteran's claimed conditions are related to service or an undiagnosed Gulf War illness.

The Board has remanded the case due to the need for a VA examination to determine the nature and likely etiology of the claimed seizure disorder, including central nervous system vasculitis and mad cow disease. The Veteran's service connection claim is pending.

The Board has remanded the case due to incomplete records and the need for medical opinions regarding the relationship between service-connected conditions and the Veteran's death.

The Veteran's claims for increased ratings and service connection have been denied. The evidence does not support the presence of major or minor seizures, ulcers, tinnitus, headaches, left foot disorder, kidney disorder, colitis, or liver disorder that are related to his military service.

The Veteran's appeal is remanded for further development, including obtaining medical records and adjudicating the issue of an increased rating for his service-connected seizure disorder before addressing the TDIU claim. The case may also be referred to the Director of Compensation and Pension Service for consideration of a TDIU on an extraschedular basis.

The Board has granted the Veteran's claims for service connection and increased ratings for neurogenic bowel, neurogenic bladder, seizures, and traumatic encephalopathy. The effective dates are set based on when VA received the necessary evidence to support these claims.

The Board is remanding the case for proper notice regarding the last final denial of the claim in February 1989, and to ensure that the Veteran is informed about what evidence is needed to reopen his seizure disorder claim.

The Board has remanded the case for additional development, including obtaining medical records and conducting a VA psychiatric examination. The Veteran's claim will be reviewed on a de novo basis due to the liberalizing regulations.

The Board denied the Veteran's claims for increased disability evaluations for her thoracolumbar spine, left ankle injury, rhinitis with sinusitis, and lower extremity radiculopathy disabilities. The evidence did not support a higher evaluation based on limitation of motion or ankylosis.

The Veteran's neck disorder is service-connected, but his claimed residuals of a head injury are not considered related to his military service.

The Board denied service connection for a skin disorder and seizure disorder, finding no evidence of such conditions during service or related to herbicide exposure. The inguinal hernia was found not recurrent and the gunshot wound scar was deemed noncompensable.