Epilepsy & seizure disorders decisions — 2019

The Board has decided that the Veteran's service connection claim for a seizure disorder should be remanded due to insufficient rationale in the previous medical opinion and the need for an addendum opinion.

The Board has remanded the claims for left middle cerebral artery infarct and seizures as secondary to service-connected hypertension due to inadequate opinions regarding aggravation.

The Board has decided to remand the Veteran's claims due to missing documents in his electronic claims file. The AOJ is required to locate and upload any missing documentation, including a March 2003 rating decision, VA Form 21-4138 received January 28, 2008, claim to reopen filed on February 26, 2010; a March 7, 1978 treatment record from Herbert Thomas Hospital; a VA Medical Center Shreveport treatment record from September 15, 2006; a letter of inquiry from Senator Landrieu, and a newspaper article entitled 'VA Vows to End Backlog.'

The Veteran's initial disability rating for complex partial seizure disorder is denied as his symptoms do not meet the criteria for a higher rating. The claim for TDIU based on this single service-connected condition is also denied.

The Veteran's claim for asthma was denied as there is no current diagnosis of the condition.,Service connection for tonic-clonic seizure disorder was restored and an earlier effective date was granted.

The Veteran's service-connected lumbosacral strain, left hip strain, and psychiatric disabilities render him unable to secure or follow a substantially gainful occupation consistent with his education and occupational experience from September 28, 2017. The TDIU is granted.

The Veteran's nonservice-connected disabilities, including fibromyalgia, sleep apnea, osteoarthritis, and irritable bowel syndrome, exceed the threshold for 'good health' as defined by VA standards. Therefore, his application for S-DVI is denied.

The Veteran's partial seizures were rated at 20% since June 1, 1995 and the claim for an increased rating was denied.,For his chondromalacia patella left knee, a new examination is required as the previous one did not consider all relevant symptoms.

The Board has dismissed all claims of service connection due to the Veteran's death during the appeal process.

The claims for service connection of head injury, epilepsy, and PTSD (previously anxiety disorder) are reopened. The Board has ordered the claims remanded for additional development.

The Veteran's claim for SMC based on aid and attendance/housebound status is being remanded due to the need for further assessment of his condition.

The Board has determined that additional information is needed regarding the Veteran's claims for service connection due to inconsistencies in previous examinations and the need to review his SSA records. The issues of bilateral shoulder pain, back pain, hip pain, knee pain, leg pain, loss of balance, tremors in the neck and hands, neurological problems, chronic fatigue, erratic blood pressure, abdominal pain, stomach and intestine problems, spinal column tumor, seizures, residuals of stroke, heart problems, diabetes mellitus type II are all remanded for further review.

The Veteran's petition to reopen his previously denied claim of entitlement to service connection for epilepsy was granted, and he is now service-connected for epilepsy.,The Veteran's dizziness and weakness are secondary to his service-connected epilepsy, and he is now service-connected for this condition as well.

The Board has remanded the claims for compensation under 38 U.S.C. § 1151 due to a lack of compliance with directives in an April 2015 Board remand.

The Board has reopened the claims for service connection for migraine headaches and seizures, but has remanded both issues for further development. The petition to reopen service connection for mild arthritis of the lumbar spine is also being remanded.

The Veteran's acquired psychiatric disorder, hiatal hernia, and seizure disorder have been granted. The Veteran's fibromyalgia, chronic URIs, OSA, and diabetes mellitus are remanded for further examination.

The Board has remanded the Veteran's claims for headaches, acquired psychiatric disorder (including PTSD), sleep disorder (obstructive sleep apnea), bilateral hearing loss, and epilepsy due to potential service connection issues.

The Veteran's claims for service connection for memory loss, migraines, and PTSD have all been denied. The current rating of 70% for PTSD is also denied.

The Board has granted an earlier effective date of February 2, 2015 for the increased evaluation of 100 percent for service-connected temporal lobe epilepsy. The right foot condition issue is remanded due to a need for a VA examination.

The Veteran's claim for an increased rating for his seizure disorder with narcolepsy and cataplexy is being remanded. Additionally, the propriety of reducing his rating from 40 percent to 20 percent effective April 1, 2018 is also under review.