Epilepsy & seizure disorders decisions — 2011

The Board has ordered additional development due to missing records and the Veteran's failure to appear for a scheduled VA examination. The case is being remanded for further evaluation of the Veteran's service-connected personality change disorder, as well as his claimed heat stroke and seizure disorders.

The Board has determined that new and material evidence has been received to reopen the claims for service connection of residuals of head injury, epilepsy, and enlarged heart. However, the Veteran's claims for schizophrenia, PTSD, and seizures were previously denied in March 1998 and have not been reopened.

The Board finds that the Veteran's pre-existing seizure disorder was aggravated by his active service, warranting service connection for this condition.

The Board denied the Veteran's claim for service connection for residuals of a head injury, finding no competent or credible evidence linking his current conditions to his military service.

The appellant withdrew her appeal for DIC benefits pursuant to 38 U.S.C.A. § 1318 prior to the Board's decision.

The Board found that the Veteran's head injury residuals with seizures and memory loss were not incurred in or aggravated by service, as there was no evidence of such conditions during service or within one year post-service. The claim for service connection was denied.

The Board finds that the Veteran's brain tumor with residual seizure disorder is related to his in-service exposure to non-ionizing radiation, specifically microwave-type non-ionizing radiation from radio transmitters and antennas.,There is no evidence of osteoporosis being service-connected. The preponderance of the evidence does not support a finding that the Veteran's osteoporosis is related to his military service.

The Board found that the veteran's son, [redacted], was not permanently incapable of self-support by reason of mental or physical defect at the date of attaining the age of 18 years and thus cannot be recognized as his helpless child for VA benefit purposes.

The Board has remanded the case for further development due to new evidence submitted by the Veteran.

The Veteran does not have a current diagnosis of chronic fatigue syndrome and the VA examiner found no evidence to support this condition. The service-connected seizure disorder is not considered as causing or aggravating the claimed chronic fatigue.

The Board has reopened the claim of service connection for a seizure disorder and granted it, finding new and material evidence to support the claim. The Veteran's seizures are found to have existed prior to service but were not aggravated by service.

The Veteran's claims for service connection for epilepsy, depression secondary to epilepsy, and irritable bowel syndrome secondary to epilepsy are being remanded due to the need for additional development including obtaining missing service treatment records and scheduling a VA examination.

The Board has determined that the case is incomplete and requires additional development, including obtaining VA medical records and a VA examination to evaluate the appellant's seizure disorder.

The Veteran's unauthorized medical expenses incurred at Maine General Medical Center on October 4, 2008 were reimbursed as the condition was an emergent one and VA facilities were not feasibly available.

The Veteran's appeal has been withdrawn, and the case is dismissed.

The Veteran's appeal was withdrawn as to the issue of entitlement to an initial rating in excess of 50 percent for PTSD. The remaining issues of service connection for TBI, epilepsy, and residuals of a rib fracture are remanded.

The Veteran's appeal is being remanded to allow him the opportunity for a Board hearing. The issues of service connection for tinea pedis and seizure disorder are pending.

The Board denied the Veteran's claims for service connection for epilepsy, a facial scar, depression, headaches, ptosis, and miosis due to lack of clear and unmistakable evidence that these conditions were aggravated by service.

The Veteran's claim for service connection for a seizure disorder with headaches is being remanded due to the need to obtain additional medical records and determine the nature of his current condition.

The appellant is seeking compensation under 38 U.S.C.A. § 1151 for chronic disability manifested by loss of balance, pain and seizures due to VA treatment in August and September 1995. The Board has decided that additional development is needed before the issue can be adjudicated.