Epilepsy & seizure disorders decisions — 2017

The Board found that the Veteran's seizure disorder was not incurred or aggravated in service and may not be presumed to have been so incurred. The evidence does not support a link between her military service and her current diagnosis of seizure disorder.

The Veteran's service-connected neurological disorder and PTSD have been granted, with the neurological disorder receiving a direct service connection and PTSD receiving a rating of 50 percent prior to July 14, 2016. The Veteran is also granted TDIU status for his service-connected conditions.

The Veteran's claim for higher ratings for seizure symptoms of AVM of the brain was denied, with no effective date assigned due to lack of evidence of a prior claim.

The Veteran's service-connected disabilities, including PTSD with dementia of Alzheimer's type and associated conditions such as a lumbar compression fracture and seizure disorder, render him in need of higher special monthly compensation based on the need for aid and attendance due to his inability to care for himself.

The Veteran's claims for increased ratings for asthma, headaches, left foot plantar fasciitis, and epilepsy have been granted. The specific rating changes are as follows: asthma to 30 percent; headaches from 10 to a higher level; left foot plantar fasciitis to a higher level; and epilepsy to a higher level.

The Veteran's seizure disorder is rated at 40 percent prior to July 6, 2012; 60 percent from July 6, 2012, to January 1, 2014; and 80 percent thereafter. The Veteran also meets the criteria for a TDIU since January 24, 2013.

The Board found no evidence of a chronic thoracic spine disorder, tuberculosis, or seizure disorder in service. The Veteran's current conditions are not related to his military service.

The Veteran's service-connected conditions do not meet the criteria for specially adapted housing or a special home adaptation grant due to his inability to use lower extremities without assistive devices.

The Board dismissed the appeal due to the death of the appellant, and no issues related to service connection were raised.

The Veteran's seizure disorder was manifested by major seizures averaging less than 1 in 6 months prior to March 26, 2009 and a staged initial rating greater than 80 percent from March 26, 2009. The criteria for an increased rating were not met.

The Veteran's neurodegenerative disorder, seizures, and headaches are related to his service. The claim for seizure disorder is reopened.

The Veteran's appeal is being remanded due to incomplete service treatment records and the need for updated VA examinations. The issues of service connection are inextricably intertwined with the increased rating claim on appeal.

The Veteran's appeal is being remanded for additional development to determine the nature and etiology of his claimed conditions, including whether they are related to service-connected disabilities.

The Veteran was granted service connection for a depressive disorder, but denied service connection for a brain tumor and seizure disorder.,There is no evidence of a brain tumor or seizures during service. The VA examiner concluded that the Veteran's brain tumor and seizures are not related to his military service.

The Veteran's appeal has been withdrawn due to the receipt of a request for withdrawal prior to the Board issuing a decision.

The Board has determined that the Veteran's seizure disorder is not related to his military service or exposure to Agent Orange, and thus denied his claim for service connection.

The Board found that the Veteran's seizure disability existed prior to service and was not permanently aggravated during service, thus denying his claim for service connection.

The Board granted a disability rating of 70 percent for the acquired psychiatric disability, effective from April 24, 2012. The Veteran's spasmodic torticollis was rated as noncompensable. TDIU was also granted.

The Veteran's appeal is being remanded for additional development, including a VA examination to determine the severity of her PTSD and TDIU claim.

The Board denied the Veteran's claim for service connection for residuals of a traumatic brain injury (TBI) due to insufficient evidence showing in-service incurrence or aggravation.