Epilepsy & seizure disorders decisions — 2014

The Board denied the Appellant's petitions to reopen his claims for service connection for the cause of the Veteran's death and benefits for permanent incapacity due to being permanently incapacitated prior to age 18. The new evidence submitted did not relate to unestablished facts necessary to substantiate these claims.

The Board has remanded the case for additional development, including obtaining SSA disability records and scheduling a VA examination to determine the nature and etiology of any diagnosed seizure disability or undiagnosed illness.

The Board has determined that the Veteran's seizure disorder is likely due to his service-connected cognitive disorder and fibromyalgia, and thus grants service connection for this condition.

The Board has remanded the case for further development and consideration, including a new VA examination to address conflicting opinions from previous examinations.

The Board has determined that the Veteran's service-connected seizure disorder did not hasten his metastatic cancer, and therefore does not meet the criteria for service connection for the cause of death.

The Board has determined that the Veteran's appeal for service connection for brow frown, seizures, and neurogenic bladder was withdrawn. The claim of entitlement to service connection for total abdominal hysterectomy with bilateral salpingo-oopherectomy was previously denied in March 1996 and January 1997 due to lack of new and material evidence. The Veteran's claim has been reopened based on the receipt of a December 2002 correspondence indicating her headaches were related to her service-connected skull fracture.

The Board has determined that the Veteran's seizure disorder began during his active duty service and grants service connection for this condition.

The Board finds that the Veteran does not have a current disability related to medications used to treat his service-connected disabilities, and thus he cannot establish service connection for secondary service connection.

The Board found that the appellant's daughter, who had a history of seizures and emotional problems, was not permanently incapable of self-support at the age of 18 due to her employment for several years after turning 18. The appeal is denied.

The Board has reopened the Veteran's claims for service connection for epilepsy, hypertension, and coronary artery disease. The case is being remanded to allow for further development of these claims.

The Board has determined that the Veteran does not meet criteria for a higher rating for Traumatic Epilepsy, but service connection was granted for Traumatic Brain Injury with a 10% disability rating.

The Veteran's service-connected disabilities have been rated at a combined 100 percent since June 2007, meeting the criteria for basic eligibility for DEA under Chapter 35.

The Veteran's appeal is being remanded for additional development, including obtaining information to corroborate his claimed in-service stressors and providing him with adequate notice regarding the requirements to reopen a previously denied claim of service connection.

The Board finds that the Veteran's obstructive sleep apnea is proximately due to or aggravated by his service-connected seizure disorder, and grants service connection for this condition on a secondary basis.

The Board has determined that the Veteran's seizure disorder existed prior to service and was not aggravated by service, thus denying his claim for service connection.

The appellant's claim for benefits under 38 U.S.C.A. § 1815 is denied as she does not meet the legal criteria to be eligible for such benefits due to her mother not having served in Vietnam.

The Veteran's claim for increased ratings for his service-connected epilepsy is being remanded due to the need for additional development, including scheduling a VA examination and obtaining updated medical records.

The Board has determined that additional development is needed for the Veteran's claims of service connection for rhinitis, residuals of head trauma to include seizures, sinusitis and recurrent cystitis. The case will be returned to the Board after completion of this development.

The Board has dismissed the appeals due to the Veteran's death.

The Veteran's claims for bilateral hearing loss, tinnitus, seizure disorder, and diabetes mellitus were denied as there is no evidence of a current disability related to service.