Epilepsy & seizure disorders decisions — 2020

The Veteran withdrew his appeal for compensation under 38 U.S.C. § 1151 for a seizure disorder prior to the Board's decision.

The claims of service connection for various conditions, including TBI, seizure disorder, lower back disability, and others are being remanded due to the need for additional medical opinions.

The Board has denied the Veteran's claims for service connection for weight gain, right thigh disability, insomnia/sleep difficulties, bilateral hand disability (claimed as cold hands), bilateral foot disability (claimed as cold feet), and seizure disorder. The decision is binding only with respect to these specific matters decided.

The Board has remanded the Veteran's claim for S-DVI due to pending service connection claims, and instructed that the AOJ should hold the appeal in abeyance until those claims are resolved. The AOJ is also directed to seek further medical explanation from the underwriter regarding the assigned debits for non-service-connected disabilities.

The Veteran's daughter does not meet the criteria for benefits under 38 U.S.C. § 1805 or § 1815 due to lack of spina bifida and her mother being a Vietnam veteran.

The Board denied the Veteran's claims for service connection for epilepsy and left hip condition, finding that there was no evidence linking these conditions to his military service.

The Board has remanded the cases for further development and readjudication. The heart condition, subdural hematoma, seizure disorder, tinnitus, and residuals of a brain tumor claims are all being reviewed.

The Veteran's claims for service connection are reopened, but the Board finds that remand is necessary to obtain a VA examination and provide opinions regarding the nature and etiology of his symptoms.

The Board denied the claim for service connection for the cause of the Veteran's death, finding that there was no evidence linking the cause of death to active duty service. The appellant's allegations were deemed without probative value.

The Veteran's service-connected tonic-clonic seizures are being remanded for a new VA examination to assess the current level of severity.

The Board has remanded the case due to insufficient reasoning in previous opinions and a need for further medical evaluation regarding whether service-connected conditions contributed to the Veteran's cause of death.

The Veteran's lumbar spine disability is currently rated as 20 percent disabling, but the Board denied a higher rating.,Prior to March 8, 2013, the Veteran was granted a 50 percent rating for his anxiety and cognitive disorder, but not more. The Board also denied a higher rating for epilepsy prior to that date.,Beginning March 8, 2013, the Veteran's epilepsy is rated as 80 percent disabling.

The Veteran's service-connected disabilities do not cause him to be in need of regular aid and attendance or housebound, nor are they independently ratable at 60 percent. Therefore, the criteria for SMC based on the need for aid and attendance or on housebound status have not been met.

The Board has decided to remand the case due to insufficient evidence regarding whether the Veteran's current complex partial seizures are related to his in-service football injury during basic training. Additional medical records and an examination are needed.

The Veteran's claim for a TDIU on an extraschedular basis is granted as his service-connected disabilities have rendered him unable to secure or follow substantially gainful employment.

The Board has remanded the case due to insufficient evidence regarding the nature and etiology of the appellant's seizure disorder, including a need for VA examination and obtaining private treatment records.

The Board has remanded the Veteran's claims for increased rating and service connection due to insufficient evidence or lack of proper examination. The Veteran needs to provide treatment records from Mexico, undergo a VA examination for his seizure disability, and receive a new etiology opinion regarding his psychiatric diagnoses.

The Veteran's service-connected disabilities did not render him unable to secure or follow a substantially gainful occupation, as his employment in a family-owned funeral home and other part-time work did not meet the criteria for TDIU.

The Veteran's claim for service connection has been reopened, but the appeal is remanded to clarify his current diagnosis and determine if any of his symptoms are related to his military service.

The Veteran's death was caused by an acute myocardial infarct, but the Board is unable to determine if he served in the territorial sea of Vietnam and therefore cannot decide his claim for service connection.