Epilepsy & seizure disorders decisions — 2019

The Veteran's service-connected PTSD is found to be the primary cause of his currently diagnosed obstructive sleep apnea. His tinnitus, bilateral hearing loss, and erectile dysfunction are all rated at their maximum schedular ratings. The seizure disorder claim has been remanded for further review.

The Veteran's seizure disorder is being remanded for further development, including an opinion on whether his symptoms are associated with the condition and consideration of an extraschedular rating. The issue of TDIU is also inextricably intertwined and must be held in abeyance.

The Veteran's claim for a left ankle disorder is denied as there is no evidence of a current disability.,The effective date for the grant of a 10% rating for right ankle arthritis is being remanded due to lack of factual ascertainability within one year prior to December 28, 2015.,The Veteran's claim for a psychiatric disorder is remanded as there are conflicting medical opinions and missing records need to be obtained.,The Veteran's claim for a head injury/ TBI is being remanded due to the lack of an adequate VA examination.,The Veteran's claim for a seizure-like disorder is being remanded due to the lack of an adequate VA examination.,The Veteran's claim for a disability rating in excess of 10% for right ankle arthritis is being remanded as there are insufficient range of motion tests.

The Veteran's claims for service connection for various conditions, including CAD, ulcerated colitis, bilateral hearing loss disability, tinnitus, CFS, diverticulitis, residuals of TBI, seizures and/or epilepsy, and PTSD are granted. The decision also includes remand items for further review.

The Veteran's claim for service connection for residuals of a head injury, including seizures, has been granted. The evidence received since the December 2013 rating decision is considered new and material.

The Veteran's effective date for Special Monthly Pension (SMP) based on housebound status is granted as of December 7, 2005. The decision finds that the Veteran’s psychiatric disorder alone prevented him from leaving his home before this date.

The Veteran's appeal includes multiple issues related to his service-connected disabilities, including TDIU and evaluations for various conditions. The Board has determined that these issues are inextricably intertwined with the issue of TDIU and has therefore remanded all matters.

The Board dismissed the appeal of three issues: a rating for eczema, service connection for grand mal seizures, and an increased rating for eczema. The appellant's representative requested withdrawal of these appeals.

The Veteran's service-connected chronic partial epilepsy substantially contributed to his death in a motor vehicle accident, leading to the grant of service connection for cause of death.

The Board denied service connection for a seizure disorder and left ankle sprain. The claims for increased ratings for lumbar spine, knee disabilities are remanded.

The Veteran's service-connected grand mal seizures did not meet the criteria for a 100% evaluation, as they averaged less than one major seizure per month over the past year.

The Board has found that there was not substantial compliance with the July 2018 remand directives and has therefore ordered further development for the Veteran's claim of service connection for hemangioma of the face, to include resulting epilepsy.

The Board has decided to remand the case for further development and examination, including obtaining missing VA treatment records and scheduling a medical examination. The Veteran's craniotomy and seizure disorder are being reviewed to determine if they were caused or made worse by the March 2007 extraction of tooth number 18.

The Veteran's claim for a rating greater than 10 percent for tinnitus has been denied.,The Veteran's claim for an effective date prior to January 9, 2014 for tinnitus has been denied.,The Veteran's claims for service connection for sleep apnea and seizures have been remanded for further development.

The Veteran's claim for a rating greater than 40 percent for epilepsy, psychomotor type and service connection for depression remains pending as the RO increased his rating to 40 percent but did not grant him the maximum benefit of 100 percent.

The Board has remanded several issues related to the Veteran's claims, including service connection for various disabilities and a higher initial rating for a low back disability. The issues include whether new and material evidence has been received to reopen a claim of entitlement to service connection for a seizure disability, as well as multiple secondary service connection claims.

The Veteran's left ear hearing loss disability is not related to service and was noted on pre-induction examination prior to service.,There is no evidence of a current left shoulder or right shoulder disability, arthritis of the upper extremities, or left knee disability at any time during or approximate to the pendency of the claim. The Veteran's current disabilities are not linked to service.

The Veteran's appeal is being remanded for the issuance of a Statement of the Case (SOC) regarding his claims for an increased disability rating and CUE in previous RO decisions. The issues are related, so they will be addressed together.

The Veteran's eye disability is presumed to be related to his service, including exposure to herbicides like Agent Orange. However, there is no evidence that the current vision loss and glaucoma are directly related to his military service.,The Veteran's right knee disability may be related to combat activities in Vietnam, but a VA examination is needed to determine if this condition has a causal relationship with his service.

The Board has deferred action on the motion for CUE regarding the October 2009 rating decision as it could significantly impact the new and material evidence matter. The TDIU claim is also remanded due to its inextricability with the new and material evidence issue.