Epilepsy & seizure disorders decisions — 2015

The Board has remanded the Veteran's claims due to the need to obtain additional medical records and provide a new opinion regarding the etiology of his schizophrenia.

The Veteran's appeal is remanded for further development, including a VA examination to determine the current level of impairment resulting from his service-connected disabilities and whether they are sufficient by themselves to render him housebound or require aid and attendance. The issues related to earlier effective dates and reopening a claim will also be addressed.

The Board denied the Veteran's claims for service connection for heart disorder, hand tremor disorder, seizure disorder, and kidney disorder due to herbicide exposure. The appeals were based on presumptive service connection under the Agent Orange Act of 1991.

The Veteran's claim for service connection for diabetes mellitus type II was denied, while her seizure disorder was granted. The decision is mixed as it addresses both conditions.

The Veteran's service-connected disabilities, including epilepsy, lumbar spine arthritis, right knee instability and chondromalacia, do not render her unemployable prior to August 13, 2009.

The Board denied accrued benefits claims for the Veteran's respiratory, seizure, cardiac, skin, eye, and psychiatric disorders due to a lack of evidence linking these conditions to his active duty service.

The Board has remanded the case for additional development, including obtaining VA treatment records and SSA records. The Veteran's claims for service connection for a seizure disorder, an acquired psychiatric disorder (including PTSD and anxiety), and muscle pain are being reviewed.

The appellant is over 18 years of age and did not become permanently incapable of self-support prior to attaining the age of 18. The claim for recognition as a helpless child of the Veteran on the basis of permanent incapacity for self-support prior to attaining the age of 18 is denied.

The Board has granted service connection for a seizure disorder as secondary to the Veteran's service-connected bilateral knee disability and has also granted SMC based on the need for aid and attendance due to his service-connected disabilities.

The Veteran's service-connected DM and heart disability are presumed due to herbicide exposure. The Board has granted service connection for these conditions, but the Appellant contends that other disabilities are secondary to these conditions. A VA medical opinion is needed to address this issue.

The Board found no evidence of a seizure disorder in the Veteran's medical records and concluded that his passing out episodes are related to his service-connected heart condition. Therefore, service connection for a seizure disorder is not established.

The Veteran's claims for service connection are being remanded due to the need for additional development, including obtaining medical opinions and records.

The Veteran's seizure disorder is not considered to be caused by VA care, treatment or examination and thus he does not meet the criteria for compensation under 38 U.S.C.A. § 1151.

The Board found that the Veteran's seizures were not caused by VA treatment and did not find proximate causation. Therefore, his claims for compensation under 38 U.S.C. § 1151 and secondary service connection are denied.

The Board has remanded the case due to an inextricably intertwined issue (entitlement to service connection for a seizure disorder) and will be adjudicated together with the dental condition claim.

The Board has determined that the Veteran's current chronic histoplasmosis and coughing seizures disabilities are not related to service, and therefore denied both claims.

The Veteran's hospitalization from June 16 to June 17, 2005 was due to a seizure that occurred on June 15, 2005. The medical emergency required immediate treatment at the nearest VA facility, which was not feasible. As a result, reimbursement for unauthorized medical expenses is granted.

The Veteran has been diagnosed with a seizure disorder, cervical spine disorder, left eye disorder, and psychiatric disorder. However, there is no evidence of such conditions during service or that they are related to service.,VA examinations were not provided for the issues of tinnitus and peripheral neuropathy of the lower extremities.

The Veteran's need for aid and attendance is due to his service-connected conditions, including severe chronic back pain, spinal stenosis, fusion of the left elbow joint, unsteady gait, and coronary artery disease. However, some of these conditions are not directly related to his military service.

The Veteran's service-connected disabilities do not meet the criteria for SMC due to aid and attendance or a single disability rated as 100 percent disabling.