Epilepsy & seizure disorders decisions — 2016

The Veteran's anxiety disorder NOS is found to be related to his period of active military service, and the claim for service connection is granted.

The Board found that the appellant's seizure disorder did not have its onset during active military service and is not related to any incident of service. The claim for service connection was denied.

The Board has determined that the Veteran's claimed conditions are not related to his military service and thus denied all claims for service connection.

The Board has remanded the case for additional development and examination to address the etiology of any current TBI, seizure disorder, and encephalopathy. The Veteran's service connection claims will be reconsidered based on the new evidence.

The Veteran's appeal is being remanded due to a scheduling issue for a hearing before a Veterans Law Judge (VLJ). The case will be returned to the Board after the scheduled hearing.

The Veteran's service-connected tonic-clonic/grand mal seizures are rated at 10 percent, the highest available rating under the General Rating Formula for Major and Minor Epileptic Seizures. The Board finds that a higher rating is not warranted as there is no evidence of more than one major seizure in the last two years or more than two minor seizures in the last six months.

The Veteran's dermatitis and actinic keratosis of the bilateral upper extremities are service-connected. The left hand scar, seizure disorder, and arthritis of the cervical spine and shoulders are not service-connected.

The Board has determined that the Veteran's hypertension and cerebral aneurysm with resultant stroke, seizure disorder, and neurological and ophthalmologic complications are related to his service-connected major depressive disorder.

The Veteran's seizure disorder, secondary to sinus node dysfunction, has been productive of up to 21 minor seizure events per week since June 29, 2010. The Board finds that a rating of 80 percent - and no higher - has been warranted for this period.

The Board has scheduled a hearing for the Veteran at the Houston RO, but the Veteran requested to reschedule due to living in Texas. The appeal is being remanded for scheduling a personal hearing before a Veterans Law Judge at the Houston RO.

The Board has granted service connection for diabetes mellitus, type 2 and Hodgkin's disease as a result of presumed exposure to herbicides during the Veteran's active military service in Thailand. Service connection is denied for seizure disorder due to lack of evidence linking it to his military service.

The Board has determined that the Veteran's chronic myeloid leukemia, Graves' Disease (thyroid disorder), and seizure disorder are not related to his active duty service or hazardous material exposure. The claims for these conditions have been denied.

The Veteran's cervical myelopathy is determined to be caused by VA staff negligence in delaying diagnostic procedures, resulting in his condition worsening. The seizure disorder is found not to be related to service or a head injury sustained during service.

The Board has remanded the case for further development and consideration of the Veteran's claims, including obtaining additional medical records and arranging for examinations to address the claimed conditions.

The Board found no chronic identifiable neurologic disorder in service and denied the claim for service connection due to lack of a link between current symptoms and service.

The Veteran's claim for an earlier effective date for PTSD and a higher rating for seizures has been granted. The effective dates are set as July 1, 2004, but no earlier, for the grant of service connection for PTSD, and the increased rating is effective from April 15, 2004.

The Veteran was found to meet the schedular requirements for a total disability rating based on individual unemployability (TDIU) as of July 5, 1973. The effective date is set at this time.

The Veteran's appeal was dismissed due to his death. The issues on appeal were whether new and material evidence had been received to reopen a claim of residuals of head trauma, and the entitlement to service connection for various disabilities.

The Board finds that repayment of the $1,720 overpayment is against the principles of equity and good conscience due to undue financial hardship and because it would defeat the purpose for which the benefit was intended (providing economic stability for veterans and their families).

The Veteran's claims for service connection are being remanded due to the need for additional examinations and consideration of new evidence.