Epilepsy & seizure disorders decisions — 2015

The Board has decided to remand the case for additional development, including obtaining medical records and providing a retrospective medical opinion regarding the Veteran's ability to work prior to January 2008.

The Veteran's claim for service connection for seizure disorder prior to June 1, 2010 is denied as the RO had no legal authority to authorize payment of compensation due to the Veteran's election to continue receiving his disability retired pay.

The Veteran's appeal is being remanded to the RO for additional development and consideration of his claims, including a supplemental statement of the case on his service connection claims.

The Board found that the Veteran's seizure disorder was not incurred in or aggravated by active service and denied her claim for service connection.

The Veteran's generalized anxiety disorder is currently rated at 50 percent, effective March 4, 2013.,The Veteran's degenerative disc disease of the lumbar spine has been rated at 20 percent prior to September 19, 2013, and 20 percent on and after that date. The Veteran is also entitled to a staged rating for this disability.,New and material evidence has not been received to reopen claims for right and left knee disabilities or vision problems secondary to MS.,The Veteran's memory problems are considered as secondary to his service-connected multiple sclerosis (MS).,The Veteran's peripheral neuropathy of the upper extremities is rated at 20 percent each, effective March 4, 2013.,The Veteran's chronic fatigue is currently rated at 10 percent, effective March 4, 2013.,The reduction in the initial rating for seizures from 20 to 10 percent was proper and supported by evidence of record.,The Veteran's left lower leg sensory paresthesias are rated at 20 percent, effective March 4, 2013.,The Veteran's service-connected MS is considered the primary cause for his seizures.

The Board denied service connection for a seizure disorder, finding no evidence of a causal link to the Veteran's active duty service or herbicide exposure. The claim for TDIU was also denied as the combined effects of the Veteran's disabilities do not prevent him from obtaining or maintaining substantially gainful employment.

The Board has determined that a remand is necessary to obtain additional medical opinions regarding the Veteran's service-connected headaches and any claimed disabilities secondary to his in-service traumatic brain injury.

The Veteran's seizure disorder is found to be related to his in-service participation in boxing and an explosion on a ship, meeting the requirements for service connection.

The Board has denied the Veteran's claims for service connection of seizure disorder and a compensable evaluation for his left forehead scar, finding that new and material evidence was not submitted to reopen the seizure disorder claim and that the left forehead scar does not meet the criteria for a compensable rating.

The Board has ordered the VA to obtain and associate with the claims file any outstanding treatment records related to a 24-hour EEG that the Veteran alleges he underwent at the Gainesville VAMC in 1991. The case will be remanded for further action.

The Board has remanded the Veteran's claims for increased evaluation of his TBI and grand mal seizures, as well as his claim of entitlement to TDIU due to outstanding VA treatment records and need for additional development. The case will be referred back to the Director of Compensation and Pension Services for extraschedular consideration.

The Veteran has withdrawn all issues on appeal, including service connection for osteoporosis secondary to lumbosacral strain, an increased rating for lumbosacral strain, and a higher rating for seizure disorder.

The Veteran's PTSD is currently rated at 70 percent disabling, effective May 29, 2013. The Board finds that the evidence supports a higher rating for both periods on appeal.

The Veteran's service-connected head injury with seizure disorder and headaches were rated at 100% disabling starting March 26, 1998. The Appellant meets the criteria for basic eligibility to Dependents' Educational Assistance (DEA) benefits as the Veteran had a permanent and total service-connected disability from March 1998 to his death in September 2000.

The Board has determined that the Veteran does not have a confirmed diagnosis of epilepsy or seizures, and therefore, he is not entitled to a compensable rating for his seizure disorder.

The Veteran's claims for service connection were denied. The Board found that there was insufficient evidence to establish the occurrence of the claimed stressors related to PTSD and that his diabetes mellitus, type II, seizures, and cysts and lesions of the entire body did not have a direct relationship with his military service.

The Veteran asserts that he sustained seizures due to carelessness, negligence, lack of proper skill, error in judgment or similar instance of fault on the part of VA in prescribing tramadol. The Board finds the provided medical opinions inadequate and remands for a new examination to determine if it is at least as likely as not that the seizure disorder was caused by taking tramadol.

The Veteran's appeal is being remanded for additional development, including obtaining VA and private treatment records, service personnel records, and a psychiatric examination to determine the nature and etiology of any current psychiatric disability.

The Veteran's claim for an increased initial disability rating in excess of 60 percent for his service-connected seizure disorder is being remanded due to inadequate VA examination reports and the need for updated medical records.

The Board has determined that the Veteran's malignant glioma and seizure disorder are service connected, with the latter being secondary to his primary condition.