Epilepsy & seizure disorders decisions — 2015

The Veteran's appeal is being remanded for additional development, including obtaining more recent VA outpatient records. The TDIU component of the claim will be readjudicated.

The Board has remanded the case for referral to the VA Under Secretary for Benefits or the Director of the Compensation and Pension Service to consider assignment of a total rating based on individual unemployability due to service-connected disability on an extraschedular basis prior to September 22, 2009.

The Veteran's appeal was dismissed due to his death, and no effective dates or ratings were granted.

The Board has determined that the Veteran's seizure disorder is due to his own willful misconduct during service, specifically his intoxication and subsequent fall from a second-story window. As such, he cannot be granted service connection for this condition.

The Veteran's disability manifested by seizures is related to fainting episodes that first occurred during his active service, and the Board finds that service connection for this condition is warranted.

The Veteran is seeking recognition of his son, D.W.M., as the 'helpless child' due to multiple health conditions. The Board has determined that additional development is necessary to fully assess this claim.

The Veteran's unauthorized medical expenses for treatment provided at St. Vincent's Medical Center on May 21, 2012 are granted as the emergency condition did not end until that date.

The Board has determined that the Veteran's nocturnal epilepsy is related to his active service and grants the claim for service connection.

The Veteran's service-connected disabilities do not preclude him from obtaining and retaining substantially gainful employment, nor are they severe enough to require regular aid and attendance or housebound status.

The Board has remanded the case for additional development, including obtaining medical opinions and records to determine if service connection is warranted for bilateral knee disorder, low back disorder, seizure disorder, and headaches.

The Veteran's claim for an initial rating in excess of 10 percent for generalized seizure disorder (claimed as epilepsy) is denied. The evidence shows that the Veteran has not experienced a seizure since July 2000 and his seizures are adequately controlled on medication with no restrictions on daily living activities.

The Board found no evidence of current diagnoses for the claimed conditions and denied service connection based on lack of a nexus to active service.

The Veteran died of respiratory arrest due to repeated grand mal seizures resulting from a prior head injury. Contributory conditions included end stage liver disease, hepatic encephalopathy, maintenance hemodialysis, and diabetes mellitus. The Veteran was not service-connected for any disability at the time of his death, and none of these conditions were found to be related to his active duty service.

The Veteran's claims for service connection for epilepsy and bipolar disorder were denied as there is no competent evidence of these conditions during his active service or within the applicable presumptive period. The Board found that the Veteran did not meet the criteria for direct service connection.

The Board found that the seizure disorder was not incurred during service and is less likely than not related to a head injury in 1976. The claim for service connection for a seizure disorder must be denied.

The Board has granted a higher rating of 70 percent for the Veteran's service-connected residuals of traumatic brain injury (TBI), effective from October 25, 2013. The claim for major depressive disorder was reopened and is currently under consideration.

The Board found that the Veteran's current seizure disorder is not related to his active duty or a service-connected disability, and thus denied his claim for service connection.

The Board has granted the Veteran's claim for service connection for seizure disorder. The issue of entitlement to service connection for heart disability, due to exposure to herbicides is remanded.

The Veteran's seizure disorder with posttraumatic headaches is currently rated at 80 percent disabling, effective November 11, 2009. The Board finds that the criteria for a higher rating are met.

The Board found no evidence of carelessness, negligence, lack of proper skill, error in judgment or similar instance of fault on the part of VA in furnishing the medical treatment on November 8, 2010. The Veteran's current conditions are not deemed to be due to this event.