Epilepsy & seizure disorders decisions — 2019

The appeal to reopen service connection for a low back disability, numbness and swelling of the feet, throat cancer, sleep disorder (to include insomnia), head injury, and seizure disorder is granted. Service connection for these conditions is denied.

The Board has found that further development of the record is necessary to comply with VA's duty to assist the Veteran in the development of facts pertinent to his claims. Specifically, the Board finds that additional records must be obtained and associated with the claim file, and that the Veteran is entitled to VA examinations regarding his claimed disabilities.

The Veteran's appeal has been dismissed as he withdrew his claims in a December 2018 written statement.

The Board has remanded the Veteran's claims for service connection for insomnia, hypertension, chronic anemia, and a seizure disorder due to potential in-service herbicide exposure. Additional development is needed including obtaining SSA records and scheduling VA examinations.

The Board has remanded the claims for service connection for congestive heart failure, deep venous thrombosis, and seizures due to outstanding medical records from various hospitals.

The Veteran's claims for service connection and increased rating are being remanded due to the need for additional medical examinations and development of records.

The Veteran's appeal is remanded due to the need for further evaluation regarding his entitlement to higher levels of SMC and a rating increase for his residual left knee injury. The Board found that he does not meet the legal criteria for SMC under 38 U.S.C. § 1114(o) based on the lack of anatomical loss or use in his feet, hands, or eyes.

The Veteran's duodenal ulcer and seizures were not shown to have been incurred in service.,Hypertension was not present during the period of the claim.

The Board denied reopening of service connection claims for head injury and seizure disorder, finding no new and material evidence to support the claims. The seizure disorder was not related to service.

The Board has dismissed the Veteran's appeals for increased ratings for tinnitus and bilateral hearing loss. The remaining claims, including service connection for various conditions, are remanded for additional development.

The Veteran's claims for increased ratings for his service-connected generalized tonic-clonic seizure disorder, PTSD, major depressive disorder, panic disorder with agoraphobia and adjustment disorder are all denied. The Veteran is currently rated at 40% for the seizure disorder.

The Veteran's claim of service connection for a seizure disorder and anxiety disorder has been granted, with the seizure disorder being reopened due to new evidence. The anxiety disorder is found to be related to service.

The Board has added new evidence to the record and finds that remand is necessary for further development on multiple service connection claims.

The Veteran's seizure disorder rating was reduced from 80% to 20%, effective July 1, 2015. The Board found no material improvement in the condition and restored the original 80% rating.

The Veteran seeks an earlier effective date for the grant of a 70 percent rating for PTSD, but this is the date VA granted service connection.,The Veteran also seeks an earlier effective date for the grant of service connection for grand mal seizures, but this is the date VA granted service connection.

The Veteran's seizures and chronic fatigue have been granted service connection as manifestations of an undiagnosed illness.,Chronic daily headaches are being remanded for further evaluation.

The Board has remanded the cases for additional medical opinions regarding the relationship between the Veteran's conditions and service, particularly in relation to ischemic heart disease and exposure to herbicide agents.

The Board has remanded the claims for service connection and rating of PTSD, as well as TDIU due to the need for additional medical opinions regarding the nature and etiology of sleep apnea, traumatic brain injury, and seizure disorder. The Veteran's testimony indicates that his PTSD symptoms have worsened.

The Veteran's appeal for a rating in excess of 10 percent for tinnitus was denied. The Board also remanded the claims for service connection for non-epileptic seizure associated with residuals of traumatic brain injury (TBI), residuals of TBI, tension headaches, posttraumatic stress disorder (PTSD) with depressive disorder not otherwise specified and alcohol abuse, and gastroesophageal reflux disease (GERD).

The Board has determined that the Veteran's unauthorized medical expenses incurred at DLC from December 1, 2015 to December 3, 2015 were for a condition of such nature that a prudent layperson would have reasonably expected delay in obtaining treatment would have been hazardous to life or health. As a result, payment or reimbursement is granted.