Epilepsy & seizure disorders decisions — 2017

The Board finds that the Veteran's bilateral hearing loss is not related to his military service or his service-connected epilepsy. The most probative evidence indicates that the current condition does not have a direct link to either.

The Board has determined that the Veteran's seizure disorder is not etiologically related to his active duty service, including as secondary to a traumatic brain injury or PTSD. Therefore, service connection for this condition cannot be established.

The Board has determined that the service-connected peripheral neuropathy of the bilateral lower extremities, which is secondary to frostbite and rated as 20 percent disabling in each extremity, contributed substantially or materially to the Veteran's death. As such, the claim for service connection for cause of death is granted.

The Veteran's claim for a higher disability rating for his service-connected grand mal seizures was granted, with an effective date of April 15, 2004, for the award of an increased disability rating of 80 percent. The effective date for the full 100 percent rating was March 21, 2005.

The Board has remanded the Veteran's claims due to inadequate examination reports and need for further development of the record.

The Board has remanded the case for further action, including determining eligibility for substitution and scheduling a video conference hearing.

The Board has remanded the case for additional development, including obtaining a neuropsychologist's opinion on whether the Veteran's seizure disorder and/or epilepsy are related to his service-connected PTSD and alcohol/drug abuse.

The Board has determined that the Veteran's current residuals of a TBI, including seizures and an eye condition, are etiologically related to service. The claim is therefore granted.

The Board found that the Veteran's seizure disorder and tremor disorder, including Parkinson's disease and organic brain syndrome, are not related to service. The criteria for special monthly pension were also not met as he does not meet the need for aid and attendance or housebound requirements.

The Veteran's epilepsy was rated at 40 percent prior to November 27, 2015. The Board found that the evidence did not show seizures averaging at least one major seizure in four months over the last year or nine to ten minor seizures per week.

The Board has decided to reopen the claims for service connection for a seizure disorder and paranoid schizophrenia, but further development is needed due to the need for additional medical examination and opinion.

The Veteran's epilepsy was not shown to cause 5-8 seizures per week or any major seizure prior to November 21, 2014. The Veteran is entitled to a disability rating in excess of 20 percent for epilepsy prior to that date.

The Veteran's seizure disorder was reduced from an 80 percent rating to a 20 percent rating, effective March 1, 2010. The Board found that the reduction was not proper and restored the 80 percent rating.,The claim for TDIU is remanded.

The Veteran's appeal has been dismissed due to his death. The Board cannot proceed with the merits of this case as he passed away before a decision could be made.

The Board has determined that the Veteran's asthma, chronic heart disease, and seizure disorder are not related to service. The claims for these conditions have been denied.

The Board has determined that the Veteran's tension headaches, seizure disorder, cervical spine disability, and right shoulder disability are all related to his active duty service. The claims for these conditions have been granted.

The Board has remanded the case for additional development, including obtaining medical opinions regarding the etiology of the Veteran's acquired psychiatric disability and seizure disorder. The issues on appeal are service connection for an acquired psychiatric disability (to include as secondary to hepatitis C) and service connection for a seizure disability (to include as secondary to hepatitis C).

The Veteran's claim for higher levels of SMC based on service-connected disabilities was denied as his conditions do not meet the legal criteria for such benefits.

The Veteran's right upper extremity radiculopathy is rated at 30 percent, and his TBI-related conditions are rated appropriately based on the severity of symptoms.

The Veteran's appeal is being remanded for scheduling a videoconference hearing before the Board of Veterans' Appeals. The issues of service connection for headaches, seizure disorder, cardiac arrhythmia, and gastrointestinal problems are pending.