Epilepsy & seizure disorders decisions — 2015

The Veteran's service-connected disabilities meet the schedular criteria for a TDIU beginning January 29, 2015. However, prior to that date, his combined disability rating did not meet the schedular criteria for a TDIU.

The Veteran's PTSD, low back disability, and sporadic seizures are all service-connected. The claim for a TDIU is granted effective from February 1, 2011.

The Board finds that the service-connected frostbite residuals did not cause or contribute substantially to the Veteran's death, as determined by a VA physician. The primary cause of death was COPD, which is not related to the service-connected condition.

The Board denied service connection for a chronic seizure disorder and an increased rating for bilateral hearing loss prior to February 29, 2012. The Veteran's current diagnosis of pseudoseizures due to conversion disorder is consistent with his in-service complaints of seizures.

The Veteran withdrew his appeal regarding the claim of service connection for a seizure disorder before the Board could make a decision.

The Board has remanded the case for additional development and medical opinions to address whether the Veteran's current symptoms are related to his service-connected psychiatric disability or an in-service TBI, including a reported altercation when a locker fell on his head.

The Board has determined that a VA examination is necessary to determine the nature and etiology of the Veteran's claimed conditions, including whether service connection can be established for residuals of malaria and seizure disorder.

The Veteran's appeal was withdrawn regarding the claim for a higher rating for epilepsy. The Board granted SMC based on need for aid and attendance (A&A) and SAH.

The Veteran's service connection claims for residuals of a shrapnel wound injury, headaches, and seizures are granted as they are found to be related to his in-service injury.

The Board has granted service connection for right wrist tendon disability, cellulitis of the right lower leg, and residuals of third degree burns of the bilateral lower legs. Service connection for seizure disorder is not addressed as it was withdrawn by the Veteran.

The Veteran's epilepsy has been manifested by an average of at least one major seizure per month since April 14, 2010, warranting a 100 percent disability rating.

The Board has determined that the Veteran does not have residuals of a head injury or seizure disorder that had its onset in active service or is related to active service.

The Board denied service connection for a seizure disorder in October 1985, and the Veteran is seeking to have this decision revised due to new evidence. The motion argues that the Board should have considered other conditions but does not provide any specific evidence of a nexus between the Veteran's military service and these conditions.

The Board has remanded the issues of increased disability ratings for motor seizures and post-traumatic encephalopathy with cognitive impairment, as well as the issue of entitlement to a total disability rating based on individual unemployability due to service-connected disabilities (TDIU).

The Veteran's seizure disorder is rated at 40 percent since July 30, 2012.,The Veteran's headaches are currently rated at 50 percent.

The Board found that the Veteran's death was not caused by VA negligence in providing hospital care and medical treatment, as his seizures were due to benzodiazepine withdrawal rather than failure to timely administer medication.

The Veteran's seizure disorder is currently rated at 80 percent prior to January 16, 2014. The Board finds that the evidence does not support a rating in excess of 80 percent for this condition prior to that date.

The Board has remanded the claims due to issues with the hearing, and the Veteran is requested to participate in a video teleconference hearing before a new VLJ.

The Board has ordered additional development to determine if the Veteran's sarcoidosis, which may be related to his presumed exposure to Agent Orange during service, is related to his death. The VA also needs to obtain SSA disability benefits records and review them by a physician.

The Board has determined that new and material evidence has been submitted to reopen the claim of service connection for a seizure disorder. The Veteran's assertions regarding in-service noise exposure from jet engines are credible, and his tinnitus is considered competent and credible lay evidence of its onset during service.