Epilepsy & seizure disorders decisions — 2015

The Veteran's PTSD, combined with her service-connected seizures and traumatic brain injury, rendered her unable to secure and follow a substantially gainful occupation prior to February 1, 2009. TDIU is granted from that date.

The Board denied service connection for the Veteran's claimed dental, psychiatric, and musculoskeletal conditions. The decision also addressed his claim for an initial evaluation in excess of 10 percent for a seizure disorder.

The Board found that the Veteran does not have a current seizure disorder disability and denied his claim for service connection.

The Veteran's appeal is being remanded due to the need for a Travel Board hearing. The claims of service connection, initial rating, and effective date are not addressed in this decision.

The Veteran's tinnitus is likely related to noise exposure in service or his service-connected bilateral hearing loss disability. The Board finds the Veteran's testimony that he was exposed to acoustic trauma during military service credible and consistent with the circumstances of his service. Service connection for tinnitus is granted.

The Veteran's current bilateral foot, left wrist, and left hand disabilities are not service-connected.,His low back and cervical spine conditions also do not meet the criteria for service connection.

The appeal has been withdrawn by the appellant, resulting in its dismissal.

The Board has remanded the case due to inadequate medical opinion regarding the etiology of the Veteran's benign brain tumor and epilepsy. The claims are being returned for further development.

The Veteran's epilepsy, diagnosed as a seizure disorder, was first manifested within one year of separation from active service and is considered presumptively service-connected.

The Veteran's unauthorized medical expenses for ER visits at JFK Medical Center and WRMC were denied as the services provided did not meet the criteria for emergency treatment, and VA was available and accessible.

The Veteran's claims for increased ratings and service connection were denied. The seizure disorder with restless leg syndrome was rated at 40 percent, effective August 11, 2009. Service connection for TBI (claimed as cognitive disorder) was not established.

The Board has remanded the case due to insufficient information regarding the Veteran's exposure to herbicides while aboard the USS Kearsarge in 1965, 1967, and 1968. The appellant must provide additional evidence of such exposure.

The Board denied the Veteran's claim for service connection for juvenile myoclonic epilepsy, finding that her pre-existing condition did not increase in severity during active duty. The Veteran's claim for special monthly pension was also denied.

The Veteran's claims for SMC based on need for aid and attendance for his spouse, and a temporary total evaluation due to treatment of epilepsy were denied as the evidence did not meet the criteria for these benefits.

The Veteran's appeal is being remanded for additional development, including a TBI protocol examination and consideration of the amended regulations pertaining to TBI.

The Board has reopened the claims for service connection for seizure disorder, colon cancer, and liver cancer. The Veteran's statements, along with his wife's testimony at a hearing, suggest that his seizures may be related to his period of service.

The Veteran's claim for service connection for altered awareness, to include seizures and mild confusion, is being remanded due to the need for a VA examination and clarification of his claims.

The Veteran's son, E.E., was recognized as a helpless child for VA benefits purposes due to his permanent incapacity for self-support. The indebtedness of additional Department of Veterans Affairs nonservice-connected pension benefits for dependents in the amount of $367.87 was also determined validly created.

The Veteran is not entitled to an increased rate of special monthly compensation based on the need for a higher level of aid and attendance due to his service-connected disabilities.

The Board denied the Veteran's claims for service connection for a cervical spine condition, bilateral hearing loss, an acquired psychiatric disorder (to include depression and anxiety), a seizure disorder, and migraine headaches. The effective date of any future grant of service connection would be determined based on when the application was filed.