Epilepsy & seizure disorders decisions — 2019

The Board has determined that the Veteran's residuals of a combat head injury, including TBI, global amnesia, neurological condition, and seizure disorder are related to service. The claim is granted.

The Veteran's claim for an earlier effective date for the grant of a total disability rating based on individual unemployability (TDIU) is denied. The Board found that it was not factually ascertainable, indeed not even contended, that the Veteran was unemployable prior to January 9, 2002 due to his service-connected disabilities.

The Board has determined that the Veteran's pension claim should be remanded to assign ratings for his nonservice-connected disabilities and consider extraschedular considerations. The AOJ is instructed to reassess these issues.

The Veteran's claim for an initial rating in excess of 20 percent for his service-connected seizures is being remanded due to the failure to readjudicate the case and issue a supplemental statement of the case (SSOC).

The Veteran's service-connected migraine headaches associated with traumatic brain injury are rated at 30% prior to March 6, 2018 and denied for a higher rating. The Veteran's partial complex seizure disorder is rated at 40%, which is the maximum allowed under current criteria.

The Board has decided to remand the case due to insufficient evidence regarding the etiology of the Veteran's seizure disorder. The AOJ is instructed to obtain and review all relevant service treatment records, VA treatment records, and any outstanding Camp Hansen records.

The Veteran's service-connected seizure disorder and memory loss are found to have contributed substantially or materially to his cause of death, resulting in the grant of service connection for cause of death.

The Board has remanded the Veteran's claims for service connection due to insufficient evidence and a need for further examination.

The claim for service connection for a seizure disability has been reopened. The Veteran's seizures during active duty are considered to be pre-existing, but the Board is remanding the case to determine if they were aggravated by service. Other secondary service connection claims are also being remanded.

The Veteran's claim for a higher rating for left ankle disability was denied. The claims for service connection for petit gran mal seizures, PTSD, anxiety, and depression were remanded due to insufficient evidence. A new and material evidence claim for lung disorder was granted.

The Veteran's prostate cancer is presumed to be due to herbicide exposure. The seizure disorder claim is remanded for further evaluation.

The Veteran's autoimmune epilepsy and depressive disorder have been granted service connection.,An initial rating higher than 10 percent for the painful scar of the left scrotal area has been withdrawn by the Veteran.

The Board denied the Veteran's claims for service connection for PTSD and Epilepsy as no new and relevant evidence was submitted to reopen these previously denied claims.

The Board has granted an earlier effective date of January 14, 1974 for the grant of service connection for seizure symptoms of arteriovenous malformations (AVM). The motion for clear and unmistakable error in a May 10, 1974 rating decision is dismissed as moot.

The Board dismissed the Veteran's claims for an effective date of August 31, 2006 for service connection of seizure disorder and traumatic brain injury (TBI) as these issues are no longer on appeal due to a full grant of benefits.

The Board has reopened the claim for service connection for GERD and remanded the issues of service connection for sleep apnea, cervical and lumbar spinal damage, seizures, a disability rating in excess of 10 percent for TBI, and total disability rating based on individual unemployability (TDIU).

The Board has remanded the Veteran's claims for service connection due to insufficient evidence and need for additional development. The issues include respiratory disorder, seizures, CAD secondary to PTSD, and an acquired psychiatric disorder.

The Board denied service connection for a seizure disorder as the Veteran does not have a current seizure disorder and there is no credible evidence of disease, injury or disability due to service.

The Board has granted the Veteran's claim for a total disability rating for individual unemployability (TDIU) due to his service-connected disabilities, including major depressive disorder and mild neurocognitive disorder.

The Board has remanded the Veteran's claims for bilateral hearing loss, brain tumor, seizures, and brain cancer due to a lack of updated medical records. The Veteran is entitled to a compensable disability rating for his bilateral hearing loss, service connection for his brain tumor and associated medications are being reviewed, as well as his seizure disorder and brain cancer.