Epilepsy & seizure disorders decisions — 2019

The Board has remanded the case for a new medical opinion regarding whether VA failed to exercise reasonable care in prescribing tramadol, and if so, whether this failure resulted in an event not reasonably foreseeable. The Veteran is also seeking service connection for a seizure disorder.

The Board has remanded the claims for service connection for congestive heart failure, prostate cancer residuals, essential tremor, and epilepsy due to potential toxin exposure at Fort McClellan during service. A VA examination is needed to determine if these conditions are related to such exposures.

The Board has determined that the Veteran's service connection claims for chronic kidney infection, diabetes mellitus, type II, and seizure disorder as secondary to diabetes mellitus, type II need further development due to incomplete medical records.

The Board has decided to remand the case due to insufficient evidence regarding the nature and etiology of the Veteran's epilepsy. The Veteran will be provided with a new VA examination to determine if his current epilepsy is related to service.

The Veteran's vertigo and hypogonadism were not found to be related to service or his service-connected conditions. The seizure disorder was granted as secondary to hepatitis C, while the acquired psychiatric disorder (including depression, anxiety, and insomnia) was also linked to the seizure disorder and hepatitis C.,A compensable rating for bilateral hearing loss was denied, and a higher rating for hepatitis C was not warranted due to lack of incapacitating episodes.

The Board has remanded the claims for service connection for sleep apnea, migraine headaches, and seizure disorder due to lack of records from the Social Security Administration (SSA).

The Board has granted service connection for a seizure disorder as secondary to the Veteran's service-connected heart disability.

The Veteran's claims for hearing loss, tinnitus, cervical spine disorder, GERD, headaches (including migraines), hypertension, TBI residuals, seizures, lumbar spine disorder, radiculopathy of the lower extremities, right and left shoulder disorders, right and left wrist disorders, elbow bursitis, bilateral hand disorder, knee disorders, eye disorder, sinus disorder with nose bleeds, and face trauma have all been denied.,The Veteran's service-connected PTSD has not met the criteria for an initial disability rating in excess of 50 percent.

The Board has reopened the Veteran's claim for service connection for type II diabetes mellitus and granted service connection for an acquired psychiatric disorder, migraine headaches, sleep apnea, tinnitus, cervical spine injury, lumbar spine condition, peripheral neuropathy of the bilateral upper extremities, peripheral neuropathy of the bilateral lower extremities, heart condition, prostate condition, left foot condition, right foot condition, and seizure disorder. The Veteran's claim for service connection for type II diabetes mellitus is granted.

The Veteran's appeal for a higher rating for grand mal seizures is dismissed due to their death during the pendency of the appeal.

The Veteran's bilateral hearing loss and tinnitus are granted as service connected. The seizure disorder and actinic keratosis claims are denied.

The Board has granted the Veteran's motion to reverse the August 1986 decision that reduced his seizure disorder rating from 60 percent to 20 percent and terminated his entitlement to a total disability evaluation based on individual unemployability (TDIU). The effective date is June 1, 1982.

The Board has remanded four claims: service connection for residuals of a TBI, seizure disability, an acquired psychiatric condition (including MDD), and total disability based on individual unemployability. The tension headaches claim is also being remanded due to the failure to issue a statement of the case.

The Board has remanded the claims due to the need for additional examinations and development of evidence.

The Veteran's claims for service connection and increased ratings have been remanded by the Board. The issues include high blood pressure, tinnitus, migraine headaches, seizure disability, hallux valgus (left foot), and adjustment disorder with depressed mood.

The Veteran's claims for service connection and reimbursement of non-VA medical care for his dependents due to exposure to contaminated water at Camp Lejeune are being remanded for further development.

The Veteran withdrew his appeals for service connection for respiratory disability, seizure disability, heart disability, and whether new and material evidence has been received to reopen a claim for diabetes mellitus. The appeal as to the reopening of an acquired psychiatric disorder is granted.

The Board denied service connection for tremors, seizures, and residuals of traumatic brain injury as the evidence did not establish a nexus to active service.

Service connection for the cause of the Veteran's death is granted due to his service-connected glioblastoma multiforme, which was caused by exposure to Agent Orange during his Vietnam service. The appellant's DIC claim under 38 U.S.C. § 1318 is dismissed as a result.

The Board has granted service connection for insomnia, but denied service connection for rheumatoid arthritis and epilepsy. The Veteran's insomnia is found to be caused by his service-connected back disability. His rheumatoid arthritis and epilepsy are not related to his military service or any other condition.