Epilepsy & seizure disorders decisions — 2020

The Board has restored the Veteran's 100% disability rating for his service-connected seizure disorder, effective October 1, 2019. The reduction from 100% to 80% was not proper as there is no evidence of material improvement in the Veteran's ability to function under ordinary conditions.

The Board has remanded the Veteran's claims for an increased rating for seizure disorder and service connection for obstructive sleep apnea due to incomplete development.

The Veteran's claim for an earlier effective date of October 6, 2014 for SMC based on need for regular aid and attendance was granted. This aligns with the date he received service connection for seizures.

The Veteran's petition to reopen the claim for service connection for a seizure disorder is granted. The Board has also remanded the case due to insufficient medical opinions regarding the nature and etiology of his vasovagal syncope.

The Veteran's appeals for increased ratings and service connection were denied. The Board found that the evidence did not support higher ratings or additional service connection claims.

The Board has decided that the Veteran's seizure disorder may be related to her service-connected anxiety disorder, but more information is needed from a medical examiner.

The Veteran's service-connected left knee disability, seizure disorder, and mood disorder require the need for regular aid and attendance of others due to their disabling manifestations. The Board has granted entitlement to special monthly compensation based on aid and attendance.

The Veteran's TDIU claim is remanded due to the need for extraschedular consideration prior to March 3, 2014.

The Board has reopened the claims for service connection for a seizure disorder and hypertension. The claim for a seizure disorder is denied as there is no current diagnosis of a seizure disorder, while the claim for hypertension is remanded due to potential secondary relationship with service-connected schizophrenia.

The Veteran's Parkinson’s disease is granted service connection as it is related to his active duty service. However, the non-epileptic seizures are not found to be secondary to or caused by his service-connected TBI.

The Board has granted service connection for a psychiatric disability and a seizure disorder, finding that the Veteran's conditions are related to his military service.

The Board has remanded the case due to insufficient development of evidence regarding whether the Veteran's service-connected left ankle degenerative joint disease caused his 1998 fall from a tree resulting in a traumatic brain injury and seizure disorder.

The Veteran's death was not caused by a service-connected disability, and the appeal for service connection on this basis is denied.

The Veteran's scar disability, left fibula fracture, right tibia fracture, and right femur fracture are all denied prior to specific dates. The lower back disorder service connection is remanded. TDIU due to service-connected disabilities is also remanded.,Seizures have not met the criteria for higher ratings since September 23, 2019.

The Board has ordered the case back to the AOJ for additional development, including obtaining addendum opinions from a VA examiner regarding whether the Veteran's hypothyroidism, temporal lobe epilepsy, and hypertension are aggravated by his service-connected diabetes mellitus. The AOJ is also directed to schedule the Veteran for a VA eye examination in accordance with procedures for incarcerated veterans.

The Veteran's seizure disorder, hypertension, and stroke are found to be related to his in-service meningitis. The claims for these conditions have been granted.

The Veteran's claim for a disability rating of 50 percent for concussion with headaches from April 23, 2015 to January 17, 2018 is granted. The issue of service connection for seizure disorder is remanded.

The Veteran's claims for service connection have been denied. The Board found no new and material evidence to reopen the claims of bilateral hearing loss, tinnitus, PTSD, and undiagnosed Gulf War illness. Service connection was granted for an acquired psychiatric disorder (anxiety) but not for hypertension, stroke residuals, OSA, or headaches.

The Board has remanded the Veteran's claims for service connection and increased rating for postoperative residuals of lung abscess with COPD, as well as his claim for TDIU due to incomplete medical opinions provided in previous examinations. The case is being returned to the RO for further development.

The Veteran's claim for service connection for a sciatic disorder is dismissed as the condition is already included in the residuals of stroke granted service connection and awarded a 100 percent disability rating.,Service connection for kidney stones is denied due to lack of evidence showing that the condition began during active service or was related to an in-service injury or disease.,The Veteran's claim for an initial rating greater than 60 percent for incontinence is denied as he is already receiving the highest available rating based on his disability.,Service connection for dermatitis is denied because the Veteran does not have more than 40% of exposed areas affected, and systemic therapy is not required.,The Veteran's claim for an initial rating greater than 10 percent for seizures is granted as he meets the criteria for moderate incomplete paralysis of a nerve.,Service connection for slurred speech is denied because it does not meet the criteria for a separate disability.