Epilepsy & seizure disorders decisions — 2014

The Board has remanded the case for further development, including scheduling a travel board hearing and considering additional evidence. The Veteran's claims of service connection for convulsive disorder and coronary artery disease are pending.

The Veteran's initial ratings for epilepsy, grand mal have been granted and increased to the maximum allowed by law.

The case is being remanded to the RO for consideration of the claim on an extraschedular basis under 38 C.F.R. � 4.16(b) due to a need to refer it to VA's Director of Compensation Service.

The Board has determined that the Veteran engaged in combat and was injured during an in-service rocket attack, leading to residuals of a TBI including headaches, seizures, and cognitive impairment. The evidence is equipoise as to whether these conditions are related to service.

The Veteran's appeal of the seizure disorder claim has been withdrawn. The psychiatric disability claim is being remanded for additional development.

The Board denied service connection for residuals of a right ankle injury in October 2009 and the Veteran did not appeal. The claim is now being reopened, but new evidence does not relate to an unestablished fact necessary to substantiate the claim.

The Veteran's service does not meet the threshold criteria for basic eligibility for nonservice-connected pension benefits due to lack of qualifying wartime service. The claim is denied.

The Veteran's claims for service connection for TBI and a seizure disorder have been denied. The Board found that the evidence did not support an earlier effective date than April 6, 2010, for the award of a higher 70 percent rating for PTSD.

The Board has granted service connection for epilepsy. The hepatitis claim is remanded as the RO did not issue a Statement of the Case (SOC) and the Veteran needs to file a Substantive Appeal.

The Board granted service connection for a seizure disorder effective June 15, 1993. The Veteran's claim was reopened and the grant of service connection is effective from that date.

The Veteran's claim for an increased rating for post-traumatic seizure disorder due to head injury prior to October 23, 2008 was denied. The evidence did not support the presence of grand mal seizures.

The Veteran's appeal of the issue regarding a rating for bilateral hearing loss prior to June 23, 2007, and since that date is dismissed. The Board finds no effective date earlier than August 19, 2003, for the grant of a total disability rating based on individual unemployability due to service-connected disabilities.

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

The Board found that the Veteran's death was not caused by VA negligence in providing care, and thus denied DIC under 38 U.S.C.A. § 1151.

The Veteran's seizure disorder was rated as 10 percent disabling from November 4, 1996 to March 12, 2008.

The Board is remanding the case for further development, including providing notice of the reasons for the prior denial of his claim and obtaining medical opinions regarding the etiology of the Veteran's hypertension and kidney disease to include pyelonephritis.

The Veteran's service records are incomplete, but he has provided information about his exposure to asbestos during service. The claim is being remanded for further development including obtaining VA medical records and attempting to locate private treatment records.

The Board has determined that the Veteran does not have a current seizure disorder or stomach disorder, and therefore service connection for these conditions is denied.

The Veteran's motor seizures, residuals of post-traumatic encephalopathy have been rated at 40 percent. The separate rating for cognitive impairment has also been granted.

The Veteran's claim for service connection for dysautonomia has been reopened, and the Board is remanding his other claims to allow for further development.