Epilepsy & seizure disorders decisions — 2020

The Veteran's appeals for service connection for left leg, right leg, mouth, low back, and upper back disabilities have been dismissed.,The Veteran's appeal for service connection for an acquired psychiatric disorder (including PTSD) has been remanded. The appeal for service connection for seizures, to include on a secondary basis, has also been remanded.

The Board has denied service connection for left hand CMC joint arthritis, back disorder, skin disorder (psoriasis), anxiety disorder, right ankle disorder, gastroesophageal reflux disease (GERD), and seizure disorder due to lack of evidence linking these conditions to the Veteran's military service.,Further examination is needed to address the etiology of the Veteran’s current diagnoses.

The Board has remanded the case due to incomplete records and will review the service connection for epilepsy again.

The Board has remanded the Veteran's claims for increased ratings due to the need for a contemporaneous VA examination and consideration of additional medical records.

The Board has dismissed the Veteran's claims for service connection for duodenal and gastric ulcers, chronic B-12 deficiency with liver enzyme disorder, diabetes mellitus, an acquired psychiatric disorder (claimed as PTSD, schizoaffective mood disorder, bipolar type, and pain disorder due to psychological and general medical conditions), a skin disorder (recurring back cysts), fibromyalgia, hyperlipidemia, a neurological disorder (to include waist-down paralysis, seizures, blackouts, neuropathy, and Morton’s neuroma), arthritis, hypertension, a thyroglossal duct cyst, and T10-11 spinal osteophyte and degenerative disc disease with muscle pain spasm and lower back-leg weakness (thoracolumbar spine disorder).

The Veteran's seizure disorder was initially rated at 20 percent prior to January 5, 2016. The Board found that the evidence did not meet the criteria for a higher rating due to insufficient frequency of seizures.

The Veteran's brain tumor is a radiogenic disease and the AOJ should ensure all proper development has been conducted in accordance with VA regulations regarding radiation exposure. If a positive dose estimate is obtained, an opinion will be provided by the Under Secretary for Benefits to determine if it is at least as likely as not that the Veteran's brain tumor resulted from exposure to ionizing radiation during service.

The Veteran's seizure disability and adjustment disorder with depressed mood are not rated higher than the current assigned ratings due to lack of evidence supporting more severe impairment.

The Veteran's low back condition is denied as not related to service.,An initial compensable rating for emphysema is denied due to non-compensable FEV-1/FVC levels.

The Veteran's partial seizures, major depressive disorder, and cognitive disorder are rated at a combined 70 percent since December 8, 2008. The effective dates for these ratings need to be determined based on the evidence of record.

The Veteran's petition to reopen a claim for service connection for invasive pituitary adenoma (claimed as brain tumor), with associated shortness of breath and nerve damage is granted. The appeal is granted to this extent only, while other claims are remanded.

The Board has remanded the case due to a need for an addendum medical opinion regarding the nature and likely etiology of the Veteran's diagnosis of probable pseudoseizures, including whether they are related to service.

The Veteran is granted staged initial ratings of 20 percent from November 16, 2011 through May 2, 2014 and a 40 percent rating from May 3, 2014 through June 5, 2015 for psychomotor epilepsy. He is denied a staged initial rating in excess of 10 percent from June 6, 2015.

The Board denied the Veteran's claim for service connection for epilepsy, finding that there was no evidence of a chronic disability during or within one year after service and that the current diagnosis is not related to service.

The Veteran's PTSD with opiate use disorder and stimulant use disorder in early remission is rated at 70 percent prior to March 2, 2018, and after May 1, 2018. The appeal for higher ratings is denied.,Service connection for hepatitis C is remanded due to lack of VA treatment records from TrustPoint Hospital.

The Board denied the appellant's claims for compensation under 38 U.S.C. § 1815 and § 1805 as she does not meet the legal criteria to qualify for benefits due to her father's exposure to herbicide agents in Vietnam.

The appeal for entitlement to service connection for a seizure disorder is dismissed. The case of schizophrenia remains under review and will be remanded.

Entitlement to initial ratings for headaches and seizures has been granted.,For headaches, a 10% rating is granted effective September 30, 2008, with a 30% rating from June 20, 2015 onwards. For seizures, a 10% rating is granted prior to September 20, 2017, and an 80% rating is granted thereafter.

The Board has remanded the case due to the need for a new medical opinion regarding whether the Veteran's episodes of temporary unconsciousness or paralysis are better understood as panic attacks associated with service-connected PTSD or as symptoms of a separate seizure disorder. The case will be returned to the AOJ for further action.

The Veteran's claim for service connection for acne vulgaris, migraine headaches, vertigo, and seizure disability has been granted. The claims for migraine headaches and vertigo are denied as there is no evidence of an in-service injury or disease, and the Board found that the current disabilities are not related to service. The claim for seizure disability was also denied.