Epilepsy & seizure disorders decisions — 2018

The Board has denied the Veteran's claims of service connection for seizure disorder, sleep apnea secondary to PTSD, and headaches secondary to PTSD. The appeals are being remanded due to insufficient evidence.

The Board has reopened the claims for service connection for a back disability, left shoulder disability, bilateral hearing loss, and seizures due to new evidence received since the last final decision. The cases are remanded for further development.

The Board denied the Veteran's claim of service connection for a seizure disorder, finding that his seizures did not start in service or within one year after service and are not related to any service-connected disability.

The Veteran's recurrent epileptic seizures are rated at an initial 80 percent effective October 1, 2011. The Board also granted a TDIU prior to March 26, 2014.

The Veteran died of hypercapnic respiratory arrest and seizures. The Board is unable to determine the cause of death due to missing medical records from VA facilities where the Veteran was treated in his final days.

The Board found that the Veteran's seizure disorder was not incurred in or caused by active service, and denied his claim.

The Veteran's appeal is remanded due to the need for additional examinations and opinions regarding his service-connected conditions, as well as his claims of exposure to chemicals during service. The appeals are also remanded for obtaining updated VA treatment records.

The Board has decided to remand the case due to deficiencies in the medical opinions provided, and a new opinion is needed regarding whether the Veteran's post-traumatic epilepsy is related to his reported symptoms of headaches, photophobia, and dizziness during service.

The Veteran's daughter does not qualify for benefits under 38 U.S.C. §§ 1805 or 1815 because she is not the child of a Vietnam veteran who served in the Republic of Vietnam and has not been diagnosed with spina bifida.

The Board has dismissed the appeals regarding service connection for a back disorder, vision impairment, and initial compensable evaluation for a scar on the anterior side of the trunk associated with prostate cancer. The appeal regarding whether a rating reduction for prostate cancer was proper is also dismissed. The appeal regarding an increased evaluation for headaches, residuals of TBI, and TDIU remains pending.

The Veteran's claims for a compensable rating for seizure disorder and an increased rating for acquired psychiatric disorder based on clear and unmistakable error (CUE) in the March 1970 Rating Decision are denied. The AOJ correctly applied the law at that time, as there was no undebatable error of the sort which would have changed the outcome.

The Veteran's anxiety disorder NOS with major depressive disorder is rated at 70 percent for the entire appeal period, effective from when his service-connected disabilities combine to preclude substantially gainful employment.

The Board has decided to remand the case due to insufficient examination and testing related to the Veteran's service-connected vasovagal syncope and seizure disorder, including a need for further evaluation of fainting/loss of consciousness episodes.

The Veteran's lung disorder, prostate cancer, skin disorder, thyroid disorder, Parkinson's disease, and seizure disorder are not service-connected as they did not begin during active duty or are not related to any in-service injury, event, or disease.,While the Veteran reported exposure to asbestos while working with heating pipes during his Merchant Marine service, the Board found no evidence of a diagnosis or treatment for lung conditions during his active duty years. The preponderance of the evidence does not support a finding that the current diagnoses are related to in-service exposures.,The Veteran's prostate cancer was diagnosed decades after separation from service and there is no credible evidence showing exposure to herbicide agents in Vietnam. The Board found no connection between the current diagnosis and any in-service injury, event, or disease.,There were no diagnoses of skin disorders during active duty years, and the June 2017 examiner could not find objective evidence linking the Veteran's current skin conditions to service. The preponderance of the evidence does not support a finding that the current diagnoses are related to in-service exposures.,The Board found no credible evidence showing exposure to herbicide agents during active duty years, and there is no diagnosis or treatment for thyroid disorders documented during those years. The preponderance of the evidence does not support a finding that the current diagnosis is related to any in-service injury, event, or disease.,There was no credible evidence showing exposure to herbicide agents during active duty years, and the June 2017 examiner could not find objective evidence linking the Veteran's current seizure disorder to service. The preponderance of the evidence does not support a finding that the current diagnosis is related to any in-service injury, event, or disease.

The Board has decided to remand the case due to a lack of in-service records related to the Veteran's seizures and headaches, which may be linked to an in-service head injury. The Veteran will need to provide additional medical evidence from his service period.

The Veteran's service-connected seizure disorder rendered him unable to secure and maintain substantially gainful employment from December 28, 2010, to March 28, 2013.

The Board denied the Veteran's claims of service connection for glaucoma, peripheral vestibular disorder, hypertension, pulmonary embolism, diabetes mellitus, and seizure disorder as they are not related to his active service or a service-connected disability.

The Board has determined that the evidence is in equipoise as to whether the Veteran's DVT, PE, and partial complex seizures were caused by his service-connected sleep apnea. Therefore, service connection for these conditions is granted.

The Veteran's migraines are rated at a 50 percent evaluation since October 14, 2010. The appeal is allowed.

The Board has reopened the Veteran's previously denied claim of service connection for a seizure disorder. The claims for increased evaluation for right thumb disability, service connection for back disability, and service connection for depression are also remanded due to inextricability with the reopening of the seizure disorder claim.