Epilepsy & seizure disorders decisions — 2012

The Veteran's appeal is REMANDED due to incomplete development of his claims file, including missing VA treatment records and a need for medical opinions regarding the relationship between his medications and any additional disability.

The Board found that the Appellant was not permanently incapable of self-support by reason of physical or mental defect before reaching the age of 18, and thus denied his claim as a helpless child.

The Veteran's appeal is being remanded for additional development of his service connection claims, including obtaining missing service treatment records and clarifying the nature of any post-service diagnoses related to his seizure disorder.

The Board has remanded the case for further development regarding service connection for pes planus and juvenile myoclonic epilepsy.

The Veteran's claims for service connection for bilateral hearing loss, an acquired psychiatric disorder including PTSD, and a seizure disorder have been denied. The Board found that there is no evidence of chronic bilateral hearing loss throughout the pendency of this appeal.

The Board has determined that the Veteran experienced seizures in service and has post-service continuity of symptomatology, meeting the criteria for service connection.

The Veteran's service-connected disabilities, including his lower extremity and neurological conditions, effectively result in the loss of use of his left lower extremity together with residuals of organic disease which so affect the functions of balance or propulsion that he is precluded from locomotion without the aid of a cane. His claim for specially adapted housing assistance is granted.

The Board has remanded the Veteran's service connection claim for a seizure disorder due to incomplete records and need for further development. The case is now pending with the RO.

The Veteran does not have current skin or seizure disorders, including residuals from diseases or injuries incurred during or aggravated by his military service.

The Veteran's cause of death was attributed to heart and vascular failure caused by sepsis. The appellant is seeking service connection for the cause of death, as well as a claim of clear and unmistakable error (CUE) in previous rating decisions denying service connection for a seizure disorder.

The Board has granted service connection for tinnitus and remanded the remaining claims due to incomplete records.

The Board has determined that the cause of the Veteran's death, arteriosclerotic coronary artery disease with posttraumatic seizure disorder, was not related to service and therefore denied the claim for service connection for the cause of the Veteran's death.

The Veteran's claim for increased disability rating and service connection for anxiety and depression secondary to his service-connected epilepsy has been denied due to the lack of competent, credible, and probative evidence showing a current diagnosis of an acquired psychiatric disorder.

From September 16, 2008, the Veteran's pseudoseizures due to heat injury residuals are not shown to warrant a rating in excess of 40 percent.

The Board found that the Veteran did not have a current diagnosed seizure disability and that his seizures in service were resolved with treatment. The Board concluded that there was no evidence of chronic symptoms since service separation, leading to a denial of service connection for a seizure disorder.

The Board found that the reduction from a 40 percent rating to a 20 percent rating for seizure disorder was proper based on evidence showing material improvement under ordinary conditions of life.

The Board has determined that new and material evidence has been received, allowing the claim of service connection for the cause of the Veteran's death to be reopened. The August 2012 VA medical expert opinion supports a finding that the seizure disorder was related to the in-service head injury.

The Board found that the Veteran's service-connected seizure disorder did not cause or contribute substantially to his death due to liver cirrhosis and related complications, which were not shown to be causally related to service.

The Veteran's claim for special monthly pension based on the need for regular aid and attendance or at the housebound rate is denied as he does not meet the criteria for either benefit.

The Board found that the Veteran does not have current residuals from his in-service head injury, but granted an initial rating of 50 percent for his service-connected PTSD with chronic adjustment issues.