Epilepsy & seizure disorders decisions — 2019

The Board has granted the petitions to reopen claims for service connection of heart disability, colon cancer, and seizure disorder. However, it denied these claims as there is no evidence that any current disabilities began during service or are related to in-service events or diseases, including herbicide agent exposure.

The Board has granted service connection for right ear hearing loss and remanded the issues of entitlement to an evaluation in excess of 20 percent for lumbosacral strain (claimed as back condition initial GWS) and service connection for epilepsy. The issue of a compensable rating for left ear hearing loss is also remanded.

The Veteran's lumbosacral strain is granted service connection, but his left and right knee strains and psychiatric disability to include PTSD and MDD are denied. The case for seizures is remanded.

The Veteran's appeal for service connection for a mood disorder secondary to his service-connected seizure disorder has been dismissed due to the Veteran's death.

The Veteran's appeals for higher initial ratings for fibromyalgia and posttraumatic epilepsy have been dismissed due to the appellant requesting a withdrawal of the claims.

The Veteran's request to reopen the previously denied claims for seizure disorder and psychiatric disorders, including major depressive disorder and anxiety disorder is granted. The claim for service connection for seizure disorder (claimed as epilepsy) is also granted.

The Board has remanded the claims of service connection for bilateral hearing loss, tinnitus, hypertension, a seizure disorder, and headaches due to additional development being required. Service connection is denied for hypotestosteronemia.

The Board has granted service connection for the Veteran's left foot disability, seizure disorder, and heart disability, finding that these conditions are etiologically related to his active service.

The Board has remanded the Veteran's claim for a total rating for compensation purposes based on individual unemployability due to service connected disabilities (TDIU) because it did not address Dr. N.O.'s March 2009 evaluation and whether any recommended work environment constitutes a 'protected [work] environment' for the purposes of 38 C.F.R. § § 4.16(a).

The claims for service connection for epilepsy, hypertension, prostate disability, fibromyalgia, and sleep disability have been denied as new and material evidence has not been received to reopen the claims.,Initial ratings for bilateral hearing loss and tinnitus were also denied.

The VA denied service connection for coronary artery disease, PTSD, hyperthyroidism, partial complex seizure, trigger finger, and multiple myeloma.,None of the conditions were found to be related to the appellant's military service.

The claims for service connection for sleep apnea, diabetes mellitus, and temporary total evaluation are dismissed.,New and material evidence has been received to reopen the claims for service connection of an acquired psychiatric disorder, residuals of a head injury (dizziness, disorientation, and loss of memory), seizure disorder, and a disability manifested by loss of vision. The appeals are granted as to these reopened issues.

The Veteran's PTSD is now rated at the maximum disability level (100%) from May 11, 2015. The other conditions remain at their current assigned ratings.

The Board has determined that the Veteran does not have a current gallbladder, seizure disorder, or diabetes mellitus disability. The claim for these conditions is denied.,The Board has also determined that the Veteran's neurological disorder and cervical spine disability are remanded due to inadequate examination reports. The right arm and right leg disabilities are also remanded as they may be related to the Veteran’s cervical spine disability.,No effective date was provided in this decision.

The Board denied service connection for various disabilities, including bilateral eye disability, heart disability, kidney disability, diabetes mellitus, stroke residuals, memory loss, and blackouts and seizures, all claimed as related to exposure to contaminated water at Camp Lejeune. The evidence did not support a finding that these conditions began during service or were otherwise linked to the Veteran's time in active duty.

The Veteran's service-connected PTSD is found to have permanently aggravated his hypertension, resulting in service connection for the condition.,The Veteran's service-connected PTSD and hypertension are found to have permanently aggravated his residuals of a stroke, resulting in service connection for the condition.,The Veteran's service-connected PTSD and hypertension are found to have permanently aggravated his heart disability, resulting in service connection for the condition.

The Veteran's seizure disorder was rated at 80 percent from December 4, 1980 to March 27, 2001. The Board found that the Veteran averaged at least one major seizure in three months over the last year.

The Board has remanded the claims of service connection for hysterectomy, low back condition, and seizure disorder due to the Veteran's incompetence and lack of examination.

The Board has decided to remand the Veteran's claims for service connection due to lack of new and material evidence, and requests for additional records from SSA and VA.

The Board has decided to remand the case due to inadequate VA examinations and missing medical records. The Veteran's seizure disorder must be evaluated again with a new examination.