Epilepsy & seizure disorders decisions — 2019

The Veteran's hypoglycemia and epilepsy, both now service-connected, are granted as secondary to her pre-existing condition of hypoglycemia.

The Board has remanded the Veteran's claims for service connection due to insufficient evidence regarding his claimed conditions, particularly related to exposure in Vietnam. The claims are being returned for further development and examination.

The appeals of the issues of entitlement to service connection for blurred vision, cognitive problems, and seizures have been dismissed.,The reduction of the rating for the Veteran’s right subdural hematoma from 50 percent to 30 percent was not proper; restoration of a 50 percent rating is warranted.

The Board has remanded the claims of service connection for sleep apnea and seizure disorder due to a lack of medical opinion regarding their onset in service or relation to service.

The Veteran's claim for service connection for seizures and residuals of a stroke has been reopened, but the Board is unable to grant service connection at this time.,Service connection for abdominal aorta aneurysm (claimed as heart problems) cannot be granted based on the May 2016 letter of Dr. C. M., because the doctor did not link the Veteran’s aneurysm to service, including Agent Orange exposure.,The Board is unable to grant service connection for bilateral upper and lower peripheral neuropathy at this time due to insufficient evidence.

The Board has determined that a remand is necessary to obtain updated VA treatment records and any outstanding private treatment records concerning the Veteran's multiple cerebral cysts with associated conditions. A new VA medical examination will be scheduled to address whether the Veteran's multiple cerebral cysts are associated with seizures, mental disorders, cognitive decline, or other conditions, their nature (whether they constitute a congenital defect or disease), if there is a superimposed injury or disease during service that has resulted in additional disability, and if the multiple cerebral cysts clearly and unmistakably preexisted service. The Veteran's claim will be readjudicated after these actions.

The appeal of the claim for service connection for diabetes mellitus is dismissed. The claims for a rating in excess of 40 percent for partial complex seizures, service connection for OSA, and hypertension are remanded.

An effective date of September 18, 2013 is granted for the award of a total rating based upon individual unemployability due to service-connected disabilities (TDIU) and eligibility for Dependents’ Educational Assistance (DEA) benefits under 38 U.S.C. Chapter 35.

The Board has reopened the claims for service connection for heart disease, stroke with left-sided weakness, a left visual impairment associated with stroke with left-sided weakness, a seizure disorder associated with stroke with left-sided weakness, and a left auditory impairment associated with stroke with left-sided weakness. The claims are now remanded to determine if these conditions were incurred in or caused by service.

The Veteran's epilepsy was rated at 40 percent prior to December 5, 2017, and at 60 percent thereafter. The Board found that the evidence did not support a higher rating.

The Veteran's service-connected disabilities rendered him incapable of performing the physical and mental acts required by employment prior to January 29, 2015.

The Board has granted the Veteran's petition to reopen his claim of service connection for a seizure disorder and determined that it manifested within one year of separation from active duty, thus granting presumptive service connection.

The Board has remanded the cases of service connection for a spine condition, headaches, and epilepsy due to incomplete records and need for further medical examination.

The Board denied the Veteran's claims for service connection for seizure disorder and DJD of the lumbar spine, finding that new evidence did not raise a reasonable possibility of substantiating these claims.

The Veteran's appeal for an increased evaluation of residuals of astrocytoma with seizure disorder and headaches has been dismissed as the Veteran requested to withdraw his appeal.

The Board denied service connection for left leg amputation, seizure disorder status post brain injury, prostate cancer, and diabetes mellitus type II as these conditions are not related to active duty service or herbicide exposure. The Veteran's claims were based on the presumption of herbicide exposure in Vietnam, but his period of service did not qualify him under this presumption.

The Board has remanded the claim of service connection for a seizure disorder due to conflicting opinions and lack of definitive evidence. The Veteran's active service records show he experienced seizures during military drills in September 2008, but further examination is needed to determine if his current seizure condition is related to his service.

The Veteran's claims for service connection for neck, right knee, and left knee disabilities were denied as the evidence did not support a finding that these conditions are related to service.,Service connection was granted for tinnitus but denied for left ear hearing loss.

The Board has remanded the issues of service connection for cervical spine disorder, respiratory disorder, cardiac disorder (including hypertension), and epilepsy due to conflicting evidence and need for additional development.

The Veteran's claim for service connection for seizures has been reopened and is granted. The case is remanded to obtain a VA examination.