Epilepsy & seizure disorders decisions — 2014

The Veteran's service-connected disabilities do not combine to render her unable to secure and follow a substantially gainful occupation.

The Veteran's epilepsy has been rated at 40 percent since November 2011. The Board finds that the evidence supports a higher rating, and grants an increased rating to 40 percent effective from November 2011.

The Veteran's claim for service connection for a seizure disorder, which he contends is related to asbestos exposure during service, has been remanded due to the unavailability of his service records and the need for additional development including an examination.

The Veteran's service connection claim for epilepsy was denied. The initial rating for his lumbar strain disability was granted at a 10% level, but the issue of TDIU remains pending.

The Board has found that the evidence is in equipoise as to whether the Veteran's bilateral hearing loss had its onset during service. The claim for a seizure disorder was previously denied, but new and material evidence has been received since the June 1983 rating decision. No disability rating adjustment or TDIU determination can be made at this time.

The Veteran's appeal is remanded due to the need for further adjudication of claims related to service connection and effective dates.

The Veteran's appeal is being remanded to the AOJ for further development and consideration of his claim for a total disability evaluation based on individual unemployability due to service-connected disabilities.

The Veteran's appeal is being remanded for a new VA examination to determine if his seizure disorder is related to service, including as due to a head injury sustained during service. The examiner must consider the Veteran's lay statements and those of his family members regarding recurrent blackouts since service.

The Veteran's claim for service connection for a seizure disorder was denied as there is no credible evidence of current disability. The Veteran's claim for service connection for fibromyalgia remains pending.

The Board has determined that the Veteran's seizure disability is related to his service-connected residuals of multiple cerebrovascular accidents (CVAs), and thus service connection for a seizure disability is granted. The Board also found no evidence linking the Veteran's intestine disability, diverticulitis, to his active service or any other incident during his military career. Service connection was not established for a nerve tumor on the spine due to herbicide exposure.

The Board denied service connection for the claimed conditions as new and material evidence was not provided to reopen the claims.

The Board finds that there is no evidence of a currently diagnosed seizure disorder and thus service connection for this condition cannot be granted.

The Board has reopened the claims for depression, subdural hematoma with headaches and dizziness, calluses on the feet, lumbar spine disability, seizures, peripheral neuropathy of various extremities, and prostate complications. However, these claims are being remanded to allow further development.

The Board finds that the Veteran's current seizure disorder is not etiologically related to in-service head trauma, and therefore service connection for this condition cannot be established.

The Board has remanded the case for further development due to inadequate medical opinions and consideration of the effect of service-connected conditions on the Veteran's death.

The Veteran's seizure disorder was rated at 100 percent from August 12, 2003 through March 25, 2004. From March 26, 2004 to August 19, 2004, the rating was 80 percent; and from August 20, 2004 to August 18, 2005, it was 20 percent.

The Board has granted service connection for residuals of a left temporal arachnoid cyst and seizures as secondary to the arachnoid cyst, finding that the Veteran's head injury during service aggravated his congenital defect.

The Veteran's nonservice-connected seizure disorder and non-ruptured cerebral aneurysm result in a combined rating of 10%, which is insufficient to meet the criteria for permanent and total disability pension.

The Board has remanded the case due to insufficient consideration of a VA Journal of Rehabilitation Research & Development article and lack of rationale for the negative opinion rendered by the May 2011 VA examiner. The Veteran's service records, including his separation examination, need to be obtained. Additional treatment records are also needed.

The Veteran's claims for service connection for seizures, gastroenteritis, and hypertension have been denied as there is no evidence of current disabilities or a nexus to service.