Epilepsy & seizure disorders decisions — 2018

The Veteran's appeal has been withdrawn prior to the Board making a decision.

The Board has determined that new and material evidence has been received to reopen the Veteran's claim for service connection for intractable epilepsy/partial complex seizures. The criteria for entitlement to service connection have also been met, with a persuasive link between the current disability and service.

The Board has remanded the case for additional development, including obtaining updated treatment records and scheduling VA examinations to determine the nature and etiology of the Veteran's seizure disorder and low back disability.

The Veteran's disability due to claustrophobia with depression and psychogenic non-epileptic seizure is rated at 100 percent disabling, effective from the date of his death. Effective dates for TDIU and DEA benefits are granted.

The Veteran's service-connected disabilities met the schedular criteria for a TDIU rating from March 1, 2011. The appeal period prior to January 28, 2011 is not considered as she was employed during that time.

The Board has determined that the Veteran's coronary artery disease is service-connected. The claim for service connection for seizures and right knee disability was reopened due to new evidence received since the April 2005 rating decision.

The Board found that the Veteran's seizure disorders were not incurred in service and denied his claim for service connection.

The Veteran has withdrawn their appeals regarding the issues of a higher initial disability rating in excess of 70 percent for Traumatic Brain Injury (TBI) and an increased disability rating in excess of 10 percent for Grand Mal Seizures.

The Veteran's claim for an increased rating for his seizure disorder was granted and effective as of September 5, 2012. The effective date is not earlier than July 29, 2011.

The Veteran's claims for increased ratings and TDIU were denied. The Board found that the Veteran did not meet the criteria for a compensable rating prior to April 8, 2016 or a higher rating thereafter for bilateral hearing loss. For tinnitus, the Board also found no basis for a higher rating on an extraschedular basis.

The Board has found that the VA examinations are inadequate and requires further examination to determine the nature and etiology of the Veteran's claimed disabilities.

The Veteran's appeal of increased rating for seizure disorder and compensable rating for residuals of traumatic brain injury has been withdrawn. The Board dismissed the claims as no longer valid due to the withdrawal.

The Board has reopened the claim of service connection for epilepsy and granted it. The Veteran's acquired psychiatric disability, including PTSD, anxiety, and depression, is also considered in light of new evidence.

The Board has determined that the Veteran's seizure disability, which is attributable to a known diagnosis, was not incurred in service or related to service. The claim for service connection is denied.

The Board has remanded the claims for additional development due to the need to consider new evidence and address a theory of entitlement based on newly submitted information.

The Board has denied the Veteran's claims for service connection for TBI with seizures and an acquired psychiatric disability to include PTSD, depression, and bipolar disorder. The evidence does not support a finding that these conditions are related to service.

The Veteran's claims for service connection are being remanded due to the need for additional development, including obtaining medical records and conducting a VA examination.

The Board has determined that the appellant's entire period of service from October 1975 to September 1981 is not honorable and therefore precludes VA benefits. As a result, the claim for service connection for seizure disorder is denied.

The Veteran seeks to reopen claims for service connection for an acquired psychiatric disorder, a cervical spine condition, and a seizure disorder. New evidence has been submitted that relates to unestablished facts necessary to substantiate the claims.,New evidence supports reopening of claims for service connection for an acquired psychiatric disorder and a cervical spine condition. The claim for a seizure disorder remains denied as new evidence does not relate to an unestablished fact.

The Veteran's compensation benefits were not apportioned to the Appellant and her child, T.S., because the Veteran was not receiving any VA benefits at the time of T.S.'s eligibility for apportionment. The effective date is not applicable as there were no benefits payable.