Epilepsy & seizure disorders decisions — 2019

The Veteran's major depressive disorder is currently rated at 50 percent, and the Board finds that a higher rating is not warranted based on the evidence of record.

The Veteran's claim of service connection for seizures has been reopened, and the case is remanded to develop evidence related to his claimed stressor incident. The issue of whether new and material evidence has been received to reopen a claim of entitlement to service connection for an acquired psychiatric disability (including PTSD) is also remanded.

The Board denied service connection for the Veteran's cause of death due to a head injury with seizures, finding that there was no credible evidence showing an in-service injury or diagnosis. The claim for accrued benefits was also denied as it is not related to service-connected disability.

The Board has granted service connection for a seizure disorder, residual of TBI. The claim for an acquired psychological condition (including PTSD) is remanded due to the need for further examination and determination.

The Veteran's appeals for service connection and rating of his disabilities are remanded due to the need for additional examinations and evaluations.

The Veteran's initial disability rating for tinnitus is denied as he is already in receipt of the maximum schedular disability rating.,Service connection for bilateral hearing loss and diabetes mellitus, type II are both denied due to lack of evidence showing these conditions were present during service or within one year after discharge.,Diabetic neuropathy of the right lower extremity and left lower extremity is also denied as there is no evidence linking these conditions to service.,Service connection for a seizure disorder is denied based on the Veteran's denial of having such a condition.,The Veteran's claim for an initial disability rating in excess of 10 percent for migraine headaches prior to March 22, 2016 remains pending. Service connection for a lumbar spine disability and right/left knee disabilities are also pending. The Veteran's request for TDIU is also pending.

The Veteran's appeal is being remanded due to the need for additional evidence and examinations, as well as readjudication of his claims.

The Veteran's claim for service connection for PTSD was reopened due to the submission of new and material evidence. The Board found that he has a current diagnosis of PTSD related to his military service in Vietnam, thus granting service connection for PTSD.

The Board has denied service connection for pseudo-seizures related to stress due to anxiety and panic attacks associated with major depressive disorder, finding that the evidence does not support a link between these symptoms and the Veteran's service-connected condition. The case is remanded for further review of the rating for major depressive disorder and TDIU.