Epilepsy & seizure disorders decisions — 2016

The Board has determined that new and material evidence has been received to reopen claims for service connection for a right shoulder disability, seizure disorder, skin disability, and neck disability. However, the issues of whether there is service connection for these conditions are still pending.

The Board has determined that new and material evidence has not been received to reopen the Veteran's claims for service connection for bilateral hearing loss disability, seizure disorder, or genitourinary disability. The claim for service connection for genitourinary disability is denied.

The Veteran's claims for increased ratings for seizures and major depressive disorder were denied. The Board found that the evidence did not meet the criteria for a higher rating during the relevant periods.

The Board has granted service connection for bilateral patellar tendinitis (jumper's knee), bilateral shin splints, and elbow osteoarthritis. The remaining claims of service connection for sleep apnea, TBI including headaches and seizures, and a disorder of the thoracic and/or lumbar spine are remanded for further development.

The Board has determined that the Veteran's TBI and Hepatitis C are not related to service, while partial complex seizures have been denied due to lack of evidence.

The Veteran's basic eligibility for Post-9/11 GI Bill education benefits is granted as he served more than 30 continuous days and was discharged due to a service-connected disability (seizure disorder).

The Veteran's service-connected post-traumatic acquired psychiatric disability, headaches and seizure disorder have been granted higher ratings effective June 21, 2004.

The Veteran's PTSD resulted in occupational and social impairment with deficiencies in most areas, such as work, school, family relations, judgment, thinking, or mood. The VA assigned a 70 percent disability rating for PTSD effective from March 2, 2015.

The Board has granted service connection for the residuals of alcohol use disorder and seizure disorder. Further development is needed to determine if the Veteran has a current neurological disorder other than seizure disorder, as this condition may be proximately due or aggravated by his service-connected disabilities.

The Board has determined that new and material evidence has been received to reopen the Veteran's previously denied claim of service connection for a seizure disorder. The claim is therefore granted.

The Veteran's claim for a rating in excess of 50 percent for migraine headaches, residual of traumatic brain injury, status post cranioplasty to remove exostosis, on an extraschedular basis was denied as the disability is already rated at its maximum under the applicable diagnostic code.

The Board has determined that the Veteran's seizure disorder and acquired psychiatric disorders, including anxiety disorder NOS and cognitive disorder NOS, are related to his service. The residuals of traumatic brain injury have not been established as a separate condition.

The Board has granted the Veteran's service-connection claim for a seizure disorder (epilepsy) and dismissed his appeal of the issue of entitlement to service connection for memory loss. The TDIU claim is remanded.

The Board found that the Veteran's seizure disorder did not have its onset during service or for many years thereafter and is not shown to be related to any in-service event, including possible asbestos exposure. As such, service connection was denied.

The Board has remanded the case for further development, including an economic and social survey to determine if epilepsy is the determining factor in the Veteran's inability to obtain employment. The TDIU issue is also being considered.

The Board has remanded the case to the RO for additional action due to an inaccurate reflection of the Veteran's service treatment records regarding her in-service complaints of headaches, dizziness, and blurred vision. The Veteran is entitled to a new VA examination to determine if these symptoms are related to her current seizure disorder.

The Board has determined that additional development is needed to obtain VA medical records and provide new opinions regarding the appellant's claims. The case will be remanded for these actions.

The Board has remanded the case due to inadequate medical opinions and incomplete development of certain claims.

The Veteran's headache disorder, seizure disorder, and trigeminal neuralgia are all found to be related to his in-service injury.,Service connection is granted for a headache disorder, generalized motor seizure disorder, and trigeminal neuralgia.