Epilepsy & seizure disorders decisions — 2016

The Veteran's service-connected disabilities, including chronic brain syndrome associated with trauma (dementia and headaches), skull defect, status post craniectomy, and seizures, prevent him from securing or following a substantially gainful occupation.

The Board has reopened the claim of entitlement to service connection for grand mal epilepsy and denied the claim of entitlement to service connection for bilateral hearing loss due to lack of evidence showing a nexus between current disabilities and military service.

The Board has remanded the case due to the need for additional development, including obtaining medical records and scheduling a VA examination.

The Veteran's claims for service connection for left knee disability, neurological disorder (claimed as seizures), sleep disorder, and fatigue have been denied. The Board found no current diagnoses or objective indications of chronic disabilities resulting from undiagnosed illnesses related to the Gulf War.

The Veteran's right knee disability is rated at 60 percent since April 1, 2009. Service connection for a seizure disorder secondary to service-connected traumatic brain injury (TBI) has been granted.

The Board has granted service connection for a seizure disorder associated with the Veteran's service-connected migraine headaches, but denied service connection for sleep disorder and skin disability.

The Board has remanded the Veteran's claims for additional development due to the need to obtain Social Security Administration records.

The Board denied the Veteran's claims for service connection for post-operative residuals of lumbar spine disorder, diabetes mellitus, an acquired mental disorder (presumably including cognitive disorder NOS and depressive disorder NOS), seizure disorder, right ear hearing loss, left ear hearing loss, tinnitus, and bilateral knee disability. The claim for service connection for a right ear hearing loss was denied as the Veteran's hearing did not meet VA criteria for hearing loss. The claims for an increased rating for bilateral knee disability and entitlement to TDIU were also denied.

The Veteran's TDIU claim is granted as his service-connected disabilities render him unable to secure or follow a substantially gainful occupation.

The Board found that the Veteran's seizure disorder was not related to his military service and is not secondary to his service-connected headaches, thus denying the claim for service connection.

The Board has remanded the case due to a lack of evidence substantiating an Article 15 punishment for seizures during service, and requests that the Veteran provide any such records or for VA to obtain them from the National Personnel Records Center.

The Veteran's claims for service connection for bronchial disability (to include asthma) and seizure disorder are being remanded due to the need for additional medical examinations.

The Veteran's initial disability rating for narcolepsy with REM behavior disorder and without seizure disorder has been granted at 80 percent, effective July 30, 2009.

The Board has determined that new and material evidence was received to reopen the claim for service connection for the cause of the Veteran's death. The case is being remanded to obtain VA treatment records from Birmingham VAMC, review the opinion regarding contributory cause of death, and provide a supplemental statement of the case.

The Board finds that the Veteran's seizure disorder, which is diagnosed as epilepsy, began during service and has continued since then. Therefore, the claim for service connection is granted.

The Board has determined that the Veteran's service-connected epilepsy warrants an initial rating of 60 percent, reflecting a seizure disorder averaging at least one major seizure in four months over the last year or nine to ten minor seizures per week.

The Veteran's service-connected convulsive disorder was rated at 20 percent from March 20, 2013 to April 28, 2014. Effective April 29, 2014, the rating was increased to 40 percent.

The Veteran's partial simple seizures resulted in at least one major seizure or two minor seizures within the past year, warranting a rating of 40 percent from August 1, 2007 to May 8, 2008 and September 1, 2012 to March 1, 2013. From March 2, 2013 to June 4, 2013, the Veteran's seizures resulted in at least two minor seizures within a six-month period, warranting a rating of 20 percent.

The Veteran's claim of service connection for residuals of a head injury and brain abscesses is denied as the evidence does not support a finding that these conditions are related to his military service.

The Board has determined that the Veteran's seizure disorder is not related to or aggravated by his service-connected lung cancer, and therefore denied the claim for service connection.