Epilepsy & seizure disorders decisions — 2019

The Veteran's service-connected disabilities, including metastatic bilateral lung cancer and brain tumor with focal motor and focal sensory seizure disorder, have rendered him unable to work. Effective June 5, 2015, his service-connected status-post radical prostatectomy is rated at 100 percent due to renal dysfunction.

The Board has granted the Veteran's request to reopen claims for service connection for various conditions, including right ear hearing loss, left wrist disorder, low back disorder, cervical spine disorder, traumatic cognitive disorder (mental disorder due to traumatic fall), seizure disorder, and left knee disorder. The appeals are now remanded for further development.

The Board found that the Veteran's conditions are related to his military service in various ways. Service connection was granted for an unspecified depressive disorder, obstructive sleep apnea, tinnitus, residuals of a traumatic brain injury (TBI), epilepsy, and temporomandibular joint (TMJ) pain/dysfunction.

The Board has granted service connection for seizure disorder and remanded the issues of service connection for disability manifested by memory loss as residual of head injury, right knee disability, and left knee disability.

The Board denied the Veteran's claims of service connection for an acquired psychiatric disorder (including PTSD), hypertension, and seizure disorder. The Board found that there was no current diagnosis of PTSD, and the Veteran did not meet the criteria for a diagnosis of PTSD under DSM-5. For hypertension and seizure disorders, the Board noted that there were no manifestations within one year of separation from service.

The Board has remanded several service connection claims due to the lack of complete service treatment records, including a separation examination. Additionally, SMC based on aid and attendance/housebound is also remanded as it is inextricably intertwined with these issues.

The Veteran is granted special monthly compensation (SMC) at the higher rate due to her service-connected seizure disorder and dysthymia with mood disorder, which causes her need for aid and attendance. Effective December 5, 2016.

The Board denied the Veteran's claims of service connection for seizure disorder, fatigue (claimed as chronic fatigue syndrome), headaches (claimed as migraines), and multiple sclerosis due to a lack of verified military service. The preponderance of evidence did not support a causal relationship between these conditions and active service.

The Veteran's claims for service connection are remanded due to the need for additional development and examination.,The Veteran seeks service connection for a heart condition, which he contends is related to his active military service. The Board finds VA must provide such examination pursuant to McLendon.,The Veteran seeks service connection for stroke, which could significantly impact a decision on the issue of entitlement to service connection for epilepsy. The issues are inextricably intertwined and thus require remand.,The Veteran seeks service connection for epilepsy, which could significantly impact a decision on the issue of entitlement to service connection for sleep apnea. The issues are inextricably intertwined and thus require remand.,The Veteran seeks service connection for brain tumors, which he contends originated in service and continues to the present. As stated above, the Veteran’s exposure to Agent Orange has been conceded. The Board finds a remand is necessary to obtain such examination pursuant to McLendon.,The Veteran seeks service connection for sleep apnea, which could significantly impact a decision on the issue of entitlement to service connection for an acquired psychiatric disorder. The issues are inextricably intertwined and thus require remand.,The Veteran seeks service connection for lung condition, which he contends originated in service and continues to the present. As stated above, the Veteran’s exposure to Agent Orange has been conceded. VA treatment records reflect reports of asthma. Though the record does not contain a definitive diagnosis of asthma or other lung condition, based on his education and training the Veteran is competent to offer evidence of a current disability or persistent or recurrent symptoms of a disability. The Board finds a remand is necessary to obtain such examination pursuant to McLendon.,The Veteran seeks service connection for residuals of an inguinal hernia, which he contends originated in service and continues to the present. The service treatment records show a diagnosis of right inguinal hernia in May 1963 and an inguinal hernioplasty in June 1963. The Board finds VA must provide such examination pursuant to McLendon.,The Veteran seeks service connection for diverticulitis, which he contends originated in service and continues to the present. As stated above, the Veteran’s exposure to Agent Orange has been conceded. The Veteran underwent a private colonoscopy in July 2016. The colonoscopy report reflects a diagnosis of diverticulitis and polyps. Further, STRs dated January 1966 show reports of abdominal pain, epigastric tenderness, and intermittent indigestion over a period of three months. The Board finds VA must provide such examination pursuant to McLendon.,The Veteran seeks service connection for polyps, which could significantly impact a decision on the issue of service connection for diverticulitis. The issues are inextricably intertwined and thus require remand.,The Veteran seeks service connection for rheumatoid arthritis, which he contends originated in service and continues to the present. He alleges this condition was caused or aggravated by his inguinal hernia and the 'wear and tear' associated with his military training. Alternatively, he alleges that his rheumatoid arthritis was a result of Agent Orange exposure. The Board finds VA must provide such examination pursuant to McLendon.

The Veteran's claims for service connection are being remanded due to the need for additional examinations and evaluations. The issues include PTSD, bilateral pes planus, sleep apnea, acquired psychiatric disability (including PTSD), bilateral hearing loss, tinnitus, TBI, seizure disability secondary to TBI, vertigo secondary to TBI, Dercum’s disease, wrist carpal tunnel syndromes, hypermobility syndrome, testicular/inguinal hernia, respiratory disability, mast cell disorder, hemolytic anemia, and TMJ.

The Board has determined that new and material evidence has been submitted to reopen the claim for service connection for cause of death. The Veteran's death was caused by seizures, which were not related to his military service. However, due to the lack of a valid pending claim at the time of his death and no unpaid benefits owed him, accrued benefits are denied.

The Board denied service connection for various disabilities, including shoulder, elbow, neck, hip, left knee, right knee, left ankle, arm, leg, hand, sinusitis, heart, hypertension, stomach, cancer, foot, diabetes mellitus, brain injury, and seizure disability. The decision was based on the lack of competent evidence supporting these claims.,The Board also remanded service connection for a lumbar spine disability, bilateral hearing loss, tinnitus, respiratory disability, headache, earlier effective date for right ankle disability, and service connection for a disability of the hips.

Service connection is granted for an acquired psychiatric disability, including delusional disorder. Service connection is denied for traumatic brain injury and/or residuals of TBI, seizure disorder, blurred vision, joint pain, muscle pain, peripheral neuropathy, fatigue, memory loss, and weight loss.

The Board has denied earlier effective dates for service connection for bilateral hearing loss and tinnitus, as there was no communication prior to September 11, 2008 that could be construed as a claim.,Service connection for left upper extremity radiculopathy is granted secondary to the service-connected cervical spine disorder. Service connection for seizure disorder is denied.

The Board denied the Veteran's claim for payment or reimbursement of unauthorized medical expenses incurred during non-VA medical services at Shands Hospital and UFHealth Clinics on April 20, 2015. The private treatment was deemed not to be rendered in a 'medical emergency' as defined by VA regulations.

The Board has determined that new and material evidence has been received to reopen the claim for service connection for epilepsy. The case is now remanded for further examination.

The Veteran's claims for service connection for migraine headaches, residuals of a traumatic brain injury, unprovoked seizures secondary to service-connected residuals of a traumatic brain injury, and fibromyalgia have all been granted. An increased rating of 70 percent has also been awarded for PTSD.

The Board has remanded the Veteran's claims due to insufficient notice of a rating decision and for additional development regarding his bilateral knee, ankle disabilities, seizure disorder, and hernia.

The Board has determined that the Veteran's claims for service connection for a seizure disorder secondary to PTSD, an increased rating for PTSD, and TDIU are not ready for decision due to incomplete evidence. The case is being remanded to obtain additional medical opinions and records.

The Board has remanded the case due to unclear communication and a request for an extension of time. The Veteran's claim for a higher rating prior to January 5, 2016 is now pending.