Epilepsy & seizure disorders decisions — 2019

The Board has granted the Veteran's claim for service connection for a seizure disorder, excluding residuals of TBI. The Board found that there is at least as much evidence to support the claim as against it and thus concluded in favor of granting service connection.

The Board has decided to remand the Veteran's claim for service connection for residuals of a traumatic brain injury, including epilepsy. The decision is based on the need for an examination due to insufficient information and potential VA records not being located.

The Veteran's claims for service connection for various conditions, including hypertension, sleep apnea, headaches, ankle disorders, hip disorders, shoulder disorders, neck disorder, grand mal seizure, and right knee disorder have been granted. The effective date is not specified.

The Board has remanded the cases for further development and consideration, including obtaining additional medical records and arranging for examinations to assess the severity of the Veteran's service-connected partial complex seizures with narcolepsy. The claims are also being referred to the VA Director of Compensation for consideration of extraschedular increased ratings.

The Board has decided that the current evaluations for the Veteran's unspecified mental disorder, residuals of a fractured nose, and major seizure disorder do not reflect their severity. Therefore, these claims are remanded to allow for new VA examinations.

The Veteran's claims for HIV, seizures, and a left leg disability have been denied as the evidence does not support their occurrence during service or within one year of separation.,There is no credible evidence linking any current disabilities to service.

The Veteran's death prevented the appellant from being substituted as claimant, and thus his appeal for substitution was denied.

The Board has remanded the claims of service connection for PTSD, a seizure disorder (blackouts), headaches, and angioneurotic edema due to incomplete records. The Veteran is directed to have VA attempt to obtain his in-patient treatment records from Balboa Naval Medical Center during service.

The Veteran's seizure disorder is rated at a 60 percent disability rating since October 22, 2009. The Board also granted the Veteran a TDIU based on his service-connected seizure disorder.

The Board found that the severance of service connection for psychomotor epilepsy was improper due to conflicting evidence regarding whether the condition preexisted service and was not aggravated by it. The appeal is granted, but the case is remanded for further action on an effective date.

The Board has not provided opinions on whether the Veteran's headaches, neurological condition other than seizure disorder, and fatigue are secondary to his service-connected seizure disorder. The case is being remanded for this purpose.

The Veteran's claims for PTSD and related disabilities are remanded due to conflicting diagnoses and the need for further evaluation.,The Veteran's claims for left foot disability, skin disability, seizure disability, hypertension, hepatitis C, herpes, and dental disability are remanded due to the need for further evaluation of their relationship to service-connected conditions.,The Veteran's claims for hypertension, hepatitis C, and herpes are remanded due to the need for further evaluation of their relationship to service-connected conditions.,The Veteran's claims for herpes and dental disability are remanded due to the need for further evaluation of their relationship to service-connected conditions.,The Veteran's claim for an effective date prior to June 1, 2006, is remanded due to the need for further evaluation of his service-connected disabilities.

The Board has remanded the cases due to a failure to schedule the Veteran for contemporaneous VA examinations, which is considered a pre-decisional duty-to-assist error. The Veteran needs to be provided with a new examination to assess the current nature, extent, and severity of his service-connected conditions.

The Veteran's migraine headaches are granted a 30 percent rating from August 15, 2012 and a 50 percent rating from July 20, 2017. The Veteran's grand mal seizures are granted an 80 percent rating from July 20, 2017. A 100 percent rating is granted for the Veteran’s variously diagnosed psychiatric disability (PTSD) from July 20, 2016.

The Board has determined that the Veteran's current seizure disorder preexisted his period of active duty service and was not aggravated by it, thus denying his claim for service connection.

The Veteran's seizure disorder, right hip disability, and left hip disability are granted as secondary to his service-connected left ankle disability. The Veteran is granted an increased rating of 20% for his left ankle disability after May 8, 2017.

The Board has decided that the Veteran's bilateral hearing loss disability is service-connected, but has remanded for further examination regarding his head injury and residuals.

The Board has reopened the Veteran's claims for service connection for an acquired psychiatric disorder, a seizure disorder, and a bilateral hip disorder due to new and material evidence. The claims are now remanded for further development.

The Veteran's claim for an earlier effective date prior to January 1, 2012, for a 100% rating for his seizure disorder is denied. The RO has already granted an effective date of January 1, 2012, which was one year prior to the receipt of the increased rating claim.

The Board has granted service connection for a seizure disability, finding that it is at least as likely as not related to the Veteran's service-connected traumatic brain injury.