Epilepsy & seizure disorders decisions — 2017

The Board has reopened the Veteran's claim for service connection for epilepsy and granted it, finding that there is at least a 50% likelihood that his epilepsy began during his active naval service.

The Veteran's claims for service connection for a skin disorder and seizure disorder were denied. The claim for the lumbar spine disability was granted with an initial rating of 20 percent from June 1, 2002 to October 24, 2008, and then increased to 40 percent effective August 26, 2010.

The Board found no credible evidence that the Veteran's seizure disorder began during his active duty service and denied his claim for service connection.

The Board has determined that the Veteran's residuals of cerebrovascular accident hemorrhage, claimed as cerebral hemorrhage, to include a seizure disorder, are not shown in service or within a year of separation, or related to his time in service. Therefore, the claim for service connection is denied.

The Board has remanded the case due to a need for additional development, including obtaining SSA records. The Veteran's claims are not yet decided.

The Board has determined that the Veteran's hypertension and epilepsy were not incurred or aggravated during his active duty service. The evidence does not show a nexus between these conditions and his military service.

The Board has remanded the case for further development and readjudication of the appellant's claims, including those regarding service connection. The character of discharge issue is also being addressed.

The Veteran's combined disability rating is 20 percent, and his service-connected disabilities do not render him unable to secure and follow a substantially gainful occupation. Therefore, the criteria for TDIU have not been met.

The Board has remanded the TDIU claim due to additional development being necessary, including obtaining updated medical records and conducting VA examinations. The Veteran's attorney requested that consideration of the TDIU claim be deferred until either the appeal period for the denial of service connection for a cognitive disorder or the filing of a timely substantive appeal in the matter.

The Veteran's claims for service connection for PTSD, alcohol dependence, and seizure disorder are being remanded due to the need for additional development of his medical records and a VA examination.

The Board found that the Veteran's seizure disorder resulted in at least two minor seizures in the last six months, which is consistent with her current 20 percent rating. The next higher rating would require an average of five to eight minor seizures weekly, not shown in the record.

The Veteran's appeal has been withdrawn due to the representation withdrawing the appeal before a decision was made.

The Board has granted service connection for a headache disability as secondary to PTSD, and remanded the remaining issues due to need for additional development.

The Board has granted service connection for a meningioma status post-craniotomy and excision, originally claimed as a brain tumor and brain cancer. The Board also granted service connection for epilepsy, originally claimed as a seizure disorder, secondary to the meningioma.

The Board has determined that the evidence is at least evenly balanced as to whether the Veteran's current temporal lobe epilepsy is related to service, and thus grants service connection for this condition.

The Veteran's anxiety disorder with panic attacks and partial complex seizure disorder are currently rated at 50 percent, effective from the date of the decision.

The Veteran's PTSD is rated at 70 percent, and he is granted TDIU. Service connection for traumatic brain injury residuals is denied.

The Board has granted the Veteran's claims for service connection for sinusitis, sleep apnea, headaches, COPD, and seizures as secondary to his service-connected residuals of nose fracture.

The Board has granted service connection for a disability manifested by acid reflux (GERD), currently diagnosed as gastroesophageal reflux disease, secondary to the Veteran's service-connected seizure disorder and medications prescribed therefor.

The Veteran's claims for service connection for a seizure disorder, migraine headaches as secondary to seizure disorder, and right hand numbness have all been denied. The claim for an initial compensable rating for residual right forearm scar has been granted.