Epilepsy & seizure disorders decisions — 2013

The Board found that the Veteran's cause of death, status epilepticus due to secondary epilepsies resulting from an old intracerebral hemorrhage, was not caused or substantially contributed to by a service-connected disability.

The Board has remanded the case to the RO for additional development of the claim of service connection for a seizure disorder, including seeking information about the Veteran's employment prior to and after the effective date of the rating reduction for his migraine headaches in January 2010.

The Veteran's claim for compensation under 38 U.S.C.A. § 1151 was denied as his disability is not deemed to be proximately due to carelessness, negligence, lack of proper skill, error in judgment or similar instance of fault on the part of VA.

The Veteran claims a seizure disorder, manifested by blackout spells, related to his service-connected PTSD or TBI. The Board has ordered additional development including obtaining VA treatment records and an addendum opinion from the September 2009 VA examiner.

The Veteran's claim for an earlier effective date of SMC benefits based on housebound criteria being met was granted as of July 26, 2006. The Board found that the Veteran had service-connected disabilities totaling at least 70% disabling by September 16, 2005, which qualified him for SMC benefits effective from that date.

Prior to December 1, 2008, the Veteran's epilepsy was manifested by continuous medication for the control of his disability with no seizures.

The Veteran first met the criteria for entitlement to SMC as of February 12, 2002. His effective date for SMC is set at this point.

The Board found that the Veteran does not have a current seizure disorder and denied his claim for service connection. The issue of an initial compensable evaluation for bilateral hearing loss is remanded.

The Board found that the Veteran's seizure disorder is related to his service, specifically head injuries sustained during active duty. The claim was granted as new and material evidence had been received.

The Board denied the Veteran's claims for service connection for a left shoulder disorder, skin cancer (squamous cell carcinoma), residuals of a head injury to include memory loss and seizures, and varicose veins. The decision found that there was no evidence linking these conditions to military service.

The Veteran's claim for service connection for a seizure disorder, which he claims is due to herbicide exposure during his tour in Vietnam, has been remanded by the Court and will be further developed at the RO level.

The Veteran's claim for right ear hearing loss was denied as there is no evidence of current right ear hearing loss or a nexus to service.,For the entire increased rating period under appeal, the Veteran's cognitive disability did not meet the criteria for an increased rating in excess of 50 percent.,For the entire increased rating period under appeal, the Veteran's seizure disability did not meet the criteria for an increased rating in excess of 20 percent.,For the increased rating period prior to August 22, 2011, the Veteran's degenerative joint disease of the lumbosacral spine did not meet the criteria for a compensable rating.,For the entire increased rating period under appeal, the Veteran's headaches met the criteria for a 10 percent rating based on symptomatology that is more nearly approximating characteristic prostrating attacks averaging one in two months over the course of several months.,For the initial rating period under appeal, the Veteran's degenerative changes of the right elbow did not meet the criteria for a compensable rating.,For the initial rating period under appeal, the Veteran's degenerative changes of the left elbow did not meet the criteria for a compensable rating.,For the initial rating period prior to April 1, 2011, the Veteran's degenerative arthritis of the left shoulder did not meet the criteria for a compensable rating. From April 1, 2011, the Veteran's degenerative arthritis of the left shoulder met the criteria for a 10 percent rating.

The Veteran's appeal has been dismissed due to his death during the pendency of the appeal. The Board does not have jurisdiction to adjudicate the merits of these claims.

The Veteran's appeal was dismissed as he requested withdrawal of the issue of entitlement to service connection for a seizure disorder. The case is remanded for further development regarding his initial compensable rating claim for residuals of a right fibula fracture.

The Board denied the Veteran's claims of service connection for sterility, an acquired psychiatric disorder including PTSD, a left knee disorder, Hepatitis C, a back disorder, anemia, and seizure disorder. The claims were remanded for further development.

The Board has remanded the case due to scheduling issues and will handle any further development or hearing as required.

The Veteran's service-connected seizure disorder, including both grand mal and petit mal seizures, contributed substantially to his death from complications of a right hip fracture.

The Board has dismissed the appeal for service connection on all three issues due to the appellant's request for withdrawal of her remaining appeals.

The Board denied service connection for a seizure disorder, finding no evidence of onset during active duty and no causal relationship to service.

The Board found that the Veteran's claimed seizure disorder did not manifest during service or within one year of separation, and is not related to his military service.