Epilepsy & seizure disorders decisions — 2014

The Board has determined that new and material evidence has been received to reopen the claim of service connection for a seizure disorder. The Veteran's current diagnosis of a seizure disorder is related to his active duty service, thus warranting service connection.

The Veteran's appeal is remanded due to the need for an examination and further development of his claim for service connection for residuals of encephalitis, high fever, and seizure disorder.

The Board has determined that the Veteran's claimed disabilities, including blindness, aphonia, residuals of cerebrovascular accident, seizure disorder, and acquired psychiatric disorder, are not related to his military service or any service-connected disability.

The Board has determined that the Veteran's service-connected seizure disorder played a material causal role in his death, and therefore grants entitlement to service connection for the cause of the Veteran's death.

The Board has reopened the Veteran's claim for service connection for sleep apnea as secondary to seizure disorder. However, the VA medical opinions found that the sleep apnea was not caused or aggravated by the seizure disorder and is more likely due to obesity. Therefore, the claim for service connection is denied.

The Board has granted service connection for the Veteran's TBI, finding that it is as likely as not due to injuries sustained during his period of active service.

The Veteran is seeking compensation under 38 U.S.C.A. § 1151 for a seizure disorder that allegedly worsened due to VA hospital treatment in October 2008. The case has been remanded for additional development, including obtaining an addendum medical opinion from a specialist in neurology.

The Board has determined that additional development is necessary for the Veteran's claims of service connection for a seizure disorder and schizophrenia, as it is unclear whether these conditions began in or are related to his military service.

The Board found that the Veteran did not timely file a Substantive Appeal regarding the July 2008 rating decision, which decreased the epilepsy rating from 20 percent to 10 percent, continued the low back disability rating at 20 percent, and denied individual unemployability.

The Veteran's claim for service connection for a seizure disorder, to include epilepsy and/or syncope is being remanded due to the need for additional VA examinations to reconcile diagnoses and determine etiology.

The Board has denied the Veteran's claims for service connection for a mental disorder, including alteration in consciousness; a seizure disorder, to include as secondary to a mental disorder; restless leg syndrome, to include as secondary to a seizure disorder; and a headache disorder, to include as secondary to a seizure disorder.

The Veteran's TBI residuals, including seizures and migraines, are rated at 100% for seizures and 50% for migraines. The PTSD is rated at 50%. The rating for physical symptoms of TBI remains at 40%. The effective date is not specified.

The Veteran's death was caused by congestive heart failure, but the service-connected seizure disorder did not contribute to his death.

The Board has granted service connection for residuals of meningitis, recurrent pneumonia as secondary to meningitis, neurological deficits (including Parkinson's Disease and epilepsy) as secondary to meningitis, and multiple system involvement (including the prostate) as secondary to meningitis.

The Veteran's seizure disorder is found to have had its onset during his period of service, and the Board finds that the Veteran has a current disability. Therefore, service connection for a seizure disorder is granted.

The Board has determined that additional evidence is needed and the Veteran's claims are being remanded for further development, including obtaining VA treatment records from Northport, New York and scheduling a neurological examination to determine the etiology of his seizure disability and benign brain tumor.

The Board has denied the Veteran's claims for service connection for Guillain-Barre syndrome, polyneuropathy, and residuals of viral gastroenteritis (including epilepsy), finding no competent evidence linking these conditions to his active military service.

The Board has determined that further development is needed to obtain the appellant's service personnel records and a VA examination for his seizure disorder, bilateral hearing loss disability, and tinnitus. The claims are being remanded.

The Board has reopened the Veteran's claims for service connection for a cognitive disorder with memory loss and a seizure disorder, both claimed as residuals of heat injury. However, the evidence does not support a finding that these conditions were incurred in or are otherwise related to active service.

The Veteran's diabetes mellitus is presumed to be a result of herbicide exposure in Vietnam. The Board has granted service connection for this condition.