Epilepsy & seizure disorders decisions — 2014

The Veteran withdrew his appeals for all issues related to service connection, including those involving lower back disorder, upper back disorder, right hip disorder, left hip disorder, right leg disorder, left leg disorder, acquired psychiatric disorder, residuals of a head injury, and seizure disorder. The appeal is dismissed.

The Board has decided to remand the case for further development due to discrepancies in the existing medical and other evidence of record. A VA compensation examination is needed to determine whether the Veteran's seizure disorder or encephalopathy is attributable to his military service.

The Veteran's effective date for a 40 percent rating for his left arm disability, TDIU, and DEA benefits is set to January 22, 2007.

The Board has denied the Veteran's claims for service connection for PTSD, a psychiatric disorder, and epilepsy. The claim for a chronic back disorder is remanded.

The Veteran has withdrawn his appeals for increased ratings for left eye chorioretinitis and TBI, as well as service connection for right eye glaucoma and seizures. The Board has no further jurisdiction in these matters.

The Veteran's service-connected disabilities have rendered him unable to secure or follow a substantially gainful occupation, and the Board has granted entitlement to TDIU.

The Board has determined that additional development is necessary before the claims can be adjudicated, including obtaining a new examination for PTSD and a medical opinion regarding service connection for seizures. The TDIU issue is also intertwined with these matters.

The Board has determined that the Veteran's idiopathic seizure disorder existed prior to service and was not aggravated by service. Service connection for any of the claimed conditions, including those related to the seizure disorder, is denied.

The Veteran's seizure disorder, secondary to sinus node dysfunction, has been rated at 60 percent since June 29, 2010. The Board found that the evidence did not support a higher rating for any period of time.

The Veteran's service-connected disabilities rendered him unable to care for most of his daily personal needs or to protect himself from the hazards and dangers incident to his daily environment without the assistance of others, warranting special monthly compensation based on need for regular aid and attendance.

The Veteran was service-connected for epilepsy at the time of his death, but there is no evidence that he died from a service-connected disability. The appellant cannot claim burial benefits as she did not pay for the funeral expenses.

The Board denied the Veteran's claims for increased ratings for his seizure disorder, atrial fibrillation, and left knee bursitis. The Veteran is currently rated at 40% for his seizure disorder.

The Veteran's petition to reopen his claim for helpless child benefits for K. on the basis of permanent incapacity for self-support was received in May 2010, but he did not submit any unadjudicated formal or informal petition to reopen a claim for helpless child benefits for K. prior to this date. The effective date is therefore set at May 20, 2010.

The Veteran's claim for increased rating and TDIU for his service-connected seizure disorder was denied. The Board found that the evidence did not meet the criteria for a higher schedular or extraschedular evaluation.

The Veteran's appeal is being remanded due to the failure to hold a scheduled hearing before a Veterans Law Judge.

The Veteran's unauthorized medical expenses incurred on October 17, 2011 at the University of Michigan were for a service-connected condition (fusiform aneurysm right temporal-parietal area with single seizure and residual mild cognitive symptoms). The Board found that the criteria for payment or reimbursement under 38 U.S.C.A. § 1728 were met due to the Veteran's history of brain aneurysm and the immediate and serious concerns of a grand mal seizure persisting for approximately 8 minutes.

The Veteran's death was due to hepato-renal syndrome caused by hepatitis C, which in turn was a consequence of his service-connected seizure disorder. The Board has granted DIC benefits and burial benefits at the service-connected rate based on this finding.

The Veteran's appeal is being remanded due to the need for a VA examination to assess his eligibility for specially adapted housing or special home adaptation grant based on his service-connected disabilities.

The Board found that the Veteran's epilepsy existed prior to his entry into service and was not aggravated during his second period of active duty. The moving party argues there is clear and unmistakable evidence showing the condition pre-existed service.

The Board has ordered a remand to obtain additional medical records and conduct a VA examination to determine if the Veteran's syncopal episodes, hypoglycemia, and possible complex seizures are related to her active service, including receiving DEPO-PROVERA injections.