Epilepsy & seizure disorders decisions — 2013

The Veteran's attorney is eligible for payment of attorneys fees from past-due benefits resulting from November 2010 and November 2011 rating decisions.

The Veteran's seizure disorder with headaches was not incurred in or aggravated by service, and the Board finds that it is more likely due to post-service head injuries. The claim for compensation under 38 U.S.C. § 1151 is also denied.

The Veteran's claim for a higher rating for depression has been granted, effective June 27, 1987.,The reduction of the Veteran's grand mal epilepsy rating from 40 percent to 10 percent was improper and is now void ab initio.

The Board has granted service connection for the Veteran's seizure disorder, finding that it is secondary to a service-connected disability.

The Veteran's service-connected disabilities do not render him unemployable, as his education and work experience make him suitable for sedentary employment.

The Board has remanded the case due to the need for additional records from SSA and VA Fayetteville.

The Veteran is entitled to payment or reimbursement for unauthorized medical services provided at Memorial Hospital in Gulfport, Mississippi from January 5 to 8, 2012 due to the urgency and nature of his condition.

The Veteran's appeal is being remanded to obtain his SSA records, schedule him for a VA psychiatric examination, and readjudicate the issues on appeal.

The Veteran's claims for service connection for a respiratory disability and headaches were denied as there is no evidence of a chronic disability related to his service, including the Gulf War. The diagnoses are attributed to known clinical conditions not related to service.

The Board has reopened the claim of service connection for a seizure disability due to new and material evidence received since the last final denial. The case is now remanded for further development, including an examination to determine if any current seizure disorder is related to service.

The Board has determined that the Veteran's service-connected disabilities do not require aid and attendance of another person, as his need for assistance is primarily due to his seizure disorder.

The Board has determined that the Veteran does not have current seizures or a skin disorder of the feet, and thus service connection for these conditions cannot be established.

The Board has determined that the Veteran's seizure disorder is secondary to his service-connected anxiety disorder and depression, and thus grants service connection for this condition.

The Board has determined that the Veteran's current seizure disorder, which had its onset during service and continued after service, is related to active service. As such, the claim of service connection for a seizure disorder is granted.

The Veteran's claim for financial assistance in the purchase of an automobile or other conveyance and adaptive equipment was denied as he does not meet the specific criteria set forth at 38 C.F.R. § 3.308(b) due to his service-connected eye disability.

The Board found that the seizure disorder did not manifest during active duty or within one year of separation, and is unrelated to service-connected conditions. The Veteran's seizures are considered to be a direct result of his military service.

The Board has dismissed the appeal as the claim for service connection for a temporal lobe seizure disorder was granted in a June 2013 rating decision.

The Board found that the Veteran does not have residuals of an in-service head injury, other than headaches. The claim for service connection for a seizure disorder was denied as there is no evidence of such condition during service or within one year after discharge.

The Board found that the Veteran's seizure disorder is not related to his active service and has not been continuous since service separation. The evidence does not support a finding of in-service occurrence or continuity of symptomatology.

The Board found that the evidence does not demonstrate current diagnoses for depression, seizures, migraine headaches, inguinal hernia scar, or schizotypal personality disorder.