Epilepsy & seizure disorders decisions — 2017

The Board has reopened the Veteran's claims for service connection for epilepsy and neurofibromatosis, finding new and material evidence. The claims are then denied as there is no clear and unmistakable evidence that the pre-existing conditions were aggravated by service.

The Board has remanded the case due to the Veteran not reporting for a scheduled hearing and his address changing. The Veteran is requested to provide their current mailing address so that they can be notified of an additional opportunity to report for a videoconference hearing.

The Board denied service connection for cavernous angioma and seizure disorder, finding that the conditions are not related to service. The examiner concluded that the cavernous angioma is a congenital disease and not caused by any head injury during service.

The Veteran's appeal is being remanded for additional development, including obtaining VA treatment records and scheduling a VA examination to assess the severity of his epilepsy. The matter of entitlement to TDIU will also be addressed as it is based in part on the rating assigned for epilepsy.

The Veteran's service-connected idiopathic seizure disorder has resulted in an average of one major seizure every three months and warrants a 80 percent disability rating effective May 4, 2015. The appeal for TDIU is granted.

The Veteran's application for VA payment or reimbursement for private medical services provided on October 3, 2012 was denied because it was not received within the required 90-day period following his discharge from the hospital.

The Board has determined that the Veteran's seizure disorder and acquired psychiatric disorder (including schizophrenia) are not related to his military service, and therefore denied both claims.

The Board has remanded the case to obtain updated medical opinions regarding the Veteran's current psychiatric and seizure disorders, as well as to determine if service connection can be established for these conditions. The Veteran will need to provide a correct mailing address so that he can schedule the necessary examinations.

The Board found that the Veteran's seizure disorder and epilepsy did not occur during his active duty for training (ACDUTRA) service, nor were they aggravated by it. The evidence showed that the seizures began after a head injury in 1973, which predated his ACDUTRA service.

The Veteran's service-connected generalized non-convulsive seizures were rated at 40 percent prior to August 1, 2013, and reduced to 20 percent effective that date. The Board finds the reduction proper based on improvement in symptoms. For PTSD, major depressive disorder, and alcohol dependence, ratings of 50 percent from April 1, 2010, through June 3, 2013; and 70 percent from June 4, 2013, are granted.

The Veteran's seizure disorder and patellofemoral pain syndrome/strain, left knee have resulted in a TDIU effective March 16, 2016. The seizures are rated at 100% disabling since that date.

The Board found the existing VA examinations inadequate and remanded for new examinations, but the Veteran failed to report without good cause.,There is no competent evidence that the Veteran has a disability manifested by seizures or skin disability other than acne that is related to active military service.

The Board has determined that the Veteran's current neurological disorder, including seizures, is related to his service exposure to nerve agents during the Gulf War in early March 1991.

The Veteran's claims for service connection for seizures and anxiety are being remanded due to the inability to locate his service treatment records. He is asked to provide copies of any service treatment records in his possession, as well as identify all VA and private treatment records related to these conditions since discharge from service.

The Veteran withdrew all his appeals, including the ones related to his initial increased rating for grand mal epilepsy and the effective date claim.

The Board has remanded the Veteran's claims due to insufficient medical opinions and need for additional examinations. The issues include evaluating his bilateral hearing loss, service connection for blackouts/seizures, and a left leg disorder secondary to lumbar spine disability.

The Veteran's service-connected disabilities do not preclude substantially gainful employment consistent with his education and occupational experience.

The Board has granted service connection for a headache disorder, finding that the Veteran's current headaches are related to his in-service injury. However, the Board denied service connection for a seizure disorder due to conflicting evidence regarding its onset and etiology.,Regarding TBI residuals other than seizures and headaches, the claim is currently inextricably intertwined with the claims for bilateral hearing loss and dental trauma.

The Board has decided to remand the case due to the need for additional development, including obtaining an addendum opinion from a VA neurologist regarding the Veteran's seizure disorder claim.

The Veteran's depressive disorder NOS has been rated at 70 percent since March 18, 2011. Her seizure disorder was also rated at 50 percent effective from April 4, 2011.