Epilepsy & seizure disorders decisions — 2013

The Board has ordered the Department of Veterans Affairs (VA) to obtain the Veteran's service treatment records from his second period of active duty. The case is now remanded for further development and consideration.

The Board denied the Veteran's claims for service connection for sacrum strain disability, thoracic strain disability, acquired psychiatric disorder (PTSD, anxiety, depression, adjustment disorder), and seizure disorder. The evidence submitted since the last final denial does not raise a reasonable possibility of substantiating these claims.

The Board has granted reopening of the claims for service connection for head injury, headaches, and seizure disorder. These reopened claims must be considered on their merits.

The Board has remanded the Veteran's claims of service connection for seizure disorder and migraine headaches due to additional development, including obtaining medical records and scheduling a VA examination.

The Board has determined that the Veteran's claims for service connection are denied as there is no credible evidence of a head injury or neck injury during his active duty. The acquired psychiatric disorder, including PTSD, was not incurred in service.,There is also no credible evidence to support the Veteran's claim for service connection for hypertension, acid reflux disease, irritable bowel syndrome (IBS), or seizure disorder.

The Veteran's claim for service connection for a seizure disorder is being remanded due to the need for further development, including obtaining an examination and medical opinion regarding the etiology of his current condition.

The Board has remanded the case to the RO for a hearing and further development.

The Veteran's partial complex and secondary seizure disorder is currently rated at 80 percent, but the evidence does not support a higher rating as there have been no major seizures in over two years.

The Board found that the Veteran's seizure disorder did not have its onset during service and was not permanently aggravated by his service or a service-connected disability. The most probative evidence failed to link the Veteran's current seizure disorder to service or to a service-connected disability.

The Board found no clear and unmistakable error in the April 1978 rating decision that denied service connection for seizure disorder and meningioma. The evidence at the time did not support a finding of CUE.

The Veteran's cervical spine disability is presumed to have been incurred during service due to its manifestation within one year of separation. His seizure disorder, characterized as primary generalized tonic clonic seizures, is also presumed to have been incurred during service in the Gulf War theater.

The Veteran's epilepsy, grand mal, is rated at 80 percent based on frequent minor seizures and major seizures occurring approximately once every 4 months.

The Veteran's claim for payment or reimbursement of medical expenses incurred at Jackson South Community Hospital from May 31, 2008 to June 7, 2008 is granted as the services were provided in an emergency and VA facilities were not feasibly available.

The Board has determined that the Veteran's non-epileptic events are related to his service-connected PTSD, and thus grants service connection for this condition.

The Veteran's claim for service connection for a seizure disorder, including as a residual of malaria, is being remanded due to the need for additional development and consideration.

The Veteran's service-connected PTSD meets the requirements for a schedular TDIU since September 14, 2010.

The Board has granted the Veteran's request to reopen his previously denied claim of service connection for residuals of a head injury. The new evidence received since June 2003, including VA and private treatment records, supports the presence of current disabilities related to an in-service head injury. However, further examination is needed to determine if these conditions are at least as likely as not caused or aggravated by the service-connected disability.

The VA determined that the Veteran does not currently suffer from a seizure disorder and found no evidence of such condition in his service records or post-service treatment. The Board agreed with this finding.

The Board has found that the Veteran does not have a current diagnosis or persistent and recurrent complaints of a chronic disorder to account for dizziness, hypertension, hernia, seizures, or respiratory disorder. The evidence does not show continuous symptoms since separation from service.

The Veteran's claim for an increased rating for postoperative residuals of right internal carotid artery ligation, hypertension, and history of seizures was granted. The effective date is March 24, 2011.