Epilepsy & seizure disorders decisions — 2020

The Board has determined that the VA examinations provided to the Veteran are inadequate and remands several issues for further development, including a new examination for hypothyroidism and cardiac arrhythmia. The claims for service connection for left shoulder disability, hypoglycemic seizures, lumbar strain, left knee disability, right knee disability, mitral valve prolapse, and sleep apnea are also remanded.

The Board has remanded the cases for further development and opinion regarding service connection for right leg disability, seizure disorder, and memory loss disorder.

An increased rating of 100 percent disabling for a seizure disability from August 29, 2012 to August 14, 2014 is granted.,A rating in excess of 80 percent disabling for a seizure disability from August 14, 2014 to May 30, 2016 is denied. A rating in excess of 40 percent disabling after May 30, 2016 is also denied.

The Board has granted service connection for a low back disability (other than scoliosis) as secondary to the service-connected anxiety disorder. The claim for service connection for scoliosis is denied, and the claim for service connection for seizure disorder, to include as secondary to the low back disability, is remanded.

The Veteran's claims for service connection for various conditions, including TBI-related issues and bilateral hip/knee conditions, were denied as the evidence did not support a finding of service connection.

The Board denied the Veteran's claims for service connection for migraine headaches, seizure disorder, right knee condition, and bilateral leg condition as new and material evidence was not received.

The Board has remanded the appellant's appeal for further development regarding her claim to be recognized as the Veteran's surviving spouse for VA death pension benefits, and for service connection claims. The underlying issues are inextricably intertwined with this recognition.

The Board has denied the claim for service connection for narcolepsy-type seizures, and has remanded the claim for service connection for lymphatic filariasis.

The Board has remanded the Veteran's claims for service connection due to insufficient evidence and need for further examination. The issues include back disorder, neck disorder, bilateral shoulder disorder, bilateral foot calluses, bilateral foot fungus, sleep disorder (secondary to back disorder and restless leg syndrome), and seizure disorder.

The Board denied the Veteran's claim for service connection of a seizure disorder, finding that his seizures did not manifest until several years after service and were not related to any in-service event or exposure.

The Board has remanded several issues, including the Veteran's claims for service connection for TBI residuals and special monthly compensation based on need for aid and attendance. The claims are being returned to the AOJ for further development.

The Veteran's tinnitus and bilateral hearing loss have been rated at the maximum possible level, with no further increase in rating being warranted.,The Veteran's epilepsy claim has been reopened due to new evidence submitted since his last denial. However, service connection for epilepsy remains denied as there is insufficient evidence linking current symptoms to service.,The Veteran's TBI and seizure disorder claims are remanded for additional development.

The Board has remanded the Veteran's claims for service connection due to insufficient evidence regarding his claimed respiratory, heart, skin, and neurological disabilities. The claims are being returned for further development including VA examinations.

The Board has decided to remand the case due to insufficient medical opinions regarding whether the Veteran's seizures are related to her PTSD and if they were caused by her medications. The VA needs to provide a new opinion on these issues.

The Veteran's claims for service connection for seizure disorder, PTSD, and closed head injury with cerebral contusion with post-traumatic headaches have been denied. The effective dates for these grants of service connection are not applicable as the earliest date is February 10, 2012.

The Veteran's service connection for psychomotor epilepsy is denied as he has not experienced seizures during the appeal period.,The Veteran's claimed 'blackouts' are found to be a symptom of his already service-connected psychomotor epilepsy.

The Board has denied the Veteran's claim for a disability rating in excess of 40 percent for her service-connected seizure disorder, finding that the evidence does not support an average of at least one major seizure in four months over the last year or nine to ten minor seizures per week.

The Board has dismissed the Veteran's claims for service connection due to a prior grant of service connection in July 2019. The Veteran is granted service connection for cognitive dysfunction secondary to service-connected disabilities.

The Board has remanded the Veteran's claims for service connection for gastrointestinal and seizure disorders, as well as his TDIU claim. The issues of entitlement to increased ratings for residuals of a right femur fracture, impairment of the left thigh, limitation of flexion of the right thigh, limitation of extension of the right thigh, and bilateral knee osteoarthritis are also remanded.

The Board has remanded the Veteran's claims for service connection due to insufficient evidence and a need for further examination. The Veteran is not entitled to nonservice-connected pension benefits as he did not serve during wartime.