Epilepsy & seizure disorders decisions — 2020

The Veteran's service-connected conditions, including his brain tumor and seizure disorder, render him in need of regular aid and attendance due to their severity. The Board has granted entitlement to special monthly compensation based on this need.

The Board has decided to remand the case due to insufficient evidence regarding whether the Veteran's seizure disorder had its onset during active service. The examiner is required to provide an opinion on this issue.

The Board has denied service connection for bilateral hearing loss and remanded the claim for residuals of fainting spells, including anxiety, heart condition, or epilepsy.

The Board has remanded the claims of service connection for stroke, seizures, kidney disorder, and bladder disorder due to insufficient medical opinion regarding whether these conditions are related to service. The VA examiner is asked to provide more thorough findings on the etiology of these disorders.

The Board has determined that the Veteran's claims file is incomplete, specifically missing documents related to his March 2012 claim for benefits and July 2013 Waiver of Review. The VA must attempt to obtain these documents or provide a formal finding memorandum of unavailability.

The Board has decided to remand the case due to inadequate medical opinions and a need for further development.

The Board has remanded the case due to insufficient evidence regarding whether the Veteran's seizure disorder arose in service. A new VA examination is needed.

The Veteran's service-connected PTSD is rated at 100 percent disabling, and he is already receiving special monthly compensation (SMC) based on housebound status. Therefore, the criteria for TDIU prior to February 19, 2013, have not been met.

The Board has remanded the claim for a VA medical opinion to determine if the Veteran's seizure disorder is causally related to his military service, including in-service head trauma and concussion.

The Veteran's claims for service connection for cancerous inoperative brain tumor and seizure disorder as secondary to the brain tumor are both denied. The Board found no evidence of ionizing radiation exposure during service, and there is insufficient evidence to support a finding that the current conditions are related to service.

The Board found no evidence to support a current diagnosis of a head injury with seizures and concluded that the Veteran's symptoms are not causally related to his military service.

The Veteran's epilepsy, grand mal, was rated at 60 percent prior to January 15, 2020 and remains at that rating. A TDIU due to service-connected disabilities is granted prior to this date.,A disability rating in excess of 60 percent for epilepsy, grand mal, from January 15, 2020, was denied.

The Veteran's service connection for residuals of a traumatic brain injury (TBI), including a seizure disorder, is granted. The Board also remanded several other issues related to the Veteran's claims.

The Board has granted an initial rating of no more than 40 percent for the Veteran's seizure disorder, finding that his seizures have been characterized by more than 2 minor seizures in a six-month period. The appeal is denied for higher ratings or earlier effective dates.

The Board has remanded the case due to an inadequate May 2018 VA examination, which did not consider the Veteran's seizure logs. The case will be returned for further evaluation and a new rating determination.

The Board denied the Veteran's claims for service connection for residuals of a traumatic brain injury and special monthly compensation based on the need for aid and attendance or housebound status. The Board found that there was no evidence to support the Veteran's assertions regarding in-service TBI, and his current meningioma and seizure disorder are not related to active service.

The Veteran's obstructive sleep apnea is granted as secondary to his service-connected cerebral sarcoidosis with partial seizures and arthralgia, due to post-service weight gain/obesity attributable to the service-connected condition.

The Board found that the Veteran's epilepsy disability is adequately compensated by the assigned ratings, and thus denied a claim for an increased rating on an extraschedular basis.

The Veteran's dementia/seizure disorder is granted as service connected, with the Board finding it at least as likely as not related to his military service. The cervical spine disorders are remanded for further development and opinion.

The Board denied service connection for a neurological disorder and an acquired psychiatric disorder, finding that the Veteran's conditions did not begin during service or are otherwise related to in-service events. The Board noted that there was no evidence of symptoms or diagnoses related to these conditions during active duty.