Epilepsy & seizure disorders decisions — 2016

The Board has granted service connection for syncopal episodes and anemia, both found to be secondary to the Veteran's service-connected hypertension and chronic renal disease/hypertension.

The Board finds that the Veteran's current headache and seizure disorders are related to service, with doubt resolved in favor of the Veteran. The evidence is at least in equipoise regarding whether these conditions began during or were aggravated by service.

The Veteran is seeking compensation under 38 U.S.C.A. � 1151 for residuals of electroconvulsive therapy (ECT) performed at the VA Medical Center in Gainesville, Florida. The Board finds that additional development is needed to determine if ECT caused additional disability and whether informed consent was obtained prior to the procedure.

The Board has determined that the Veteran does not have ischemic heart disease and his claim for service connection is denied. The Board also found that new and material evidence was not received to reopen his claims of entitlement to compensation under 38 U.S.C.A. § 1151 for a residual seizure disorder and cognitive deficit, status post surgical repair arteriovenous malformation.

The Board found no current hearing loss disability, and the Veteran's claimed ulcer and seizure disorder symptoms were not continuous or recurrent since service separation. Therefore, the claims for these conditions are denied.

The Veteran's claim for an increased rating in excess of 10 percent for subcortical cerebral vascular accident associated with hypertensive cardiovascular disease is being remanded due to the need for additional development, including obtaining treatment records and scheduling a VA examination.

The Veteran's service connection for partial complex seizures (previously rated as probable basilar migraine) is granted with an effective date of September 2, 1986. The TBI issue and other claims are remanded.

The Board has remanded the case to determine if there were compelling circumstances for the appellant's prolonged absence without official leave (AWOL) and to consider whether he had an honorable or other than honorable period of service. The claims will be reconsidered based on new evidence.

The Veteran withdrew his appeals regarding the claims for service connection for a left foot disorder, migraine headaches, a seizure disorder, and residuals of a jaw injury as well as higher ratings for a right shoulder disability and hearing loss.

The Board has determined that the Veteran's acquired psychiatric disability, diagnosed as major depressive disorder, is due to his service-connected TBI. The remaining issues of service connection for a bilateral eye disability and left knee disability are denied.

The Board denied reopening the claim of service connection for a seizure disorder due to lack of new and material evidence.,The Board also denied reopening the claim for compensation under 38 U.S.C.A. § 1151 for additional disability, specifically including a seizure disorder due to treatment at a Department of Veterans Affairs facility in 1983.

The Veteran's seizure disorder is rated at 100% since May 3, 2010. The rating was increased to 100% effective April 22, 2014.

The Veteran's seizure disorder is being remanded for a VA examination to determine if it is at least as likely as not related to his service, including exposure to Agent Orange. Additional private treatment records are also needed.

The Veteran's appeal is being remanded for additional development, including obtaining VA treatment records and seeking information from the Veteran regarding his seizure disorder and cognitive impairment.

The Veteran's hepatitis C was found to be asymptomatic after December 31, 2005. The Board granted a disability rating of 10 percent from July 24, 2003 (the date his claim was received) to December 31, 2005.,The Veteran's hepatitis C is not entitled to a compensable rating since December 31, 2005.

The Board has determined that further development is needed to obtain medical records and the Veteran's consent for VA to seek additional private treatment records. The claims will be remanded for this purpose.

The Board has determined that the Veteran's psychiatric disorder, other than PTSD, and epilepsy were not present during service or for many years thereafter. The evidence does not support a finding of a nexus between these conditions and his military service.

The Board found that the Veteran's additional disabilities, including seizure disorder, residuals of sternectomy, numbness and tightness of the right hand, left hip condition, and impotence, were not proximately caused by VA medical treatment provided in 2003. The causes are considered to be related to the surgery itself or other known risk factors.

The Veteran's PTSD was granted a rating of 50 percent, but his seizure disorder and left ear hearing loss were denied.

The Board found that the Veteran's seizure disorder did not manifest during service and is not otherwise etiologically related to active service.