Epilepsy & seizure disorders decisions — 2020

The Board has remanded the claims for missing private treatment records and a VA examination to determine the nature and etiology of any diagnosed sleep disorder, including insomnia. The remaining issues on appeal will be readjudicated after these actions.

The Board has remanded the Veteran's claims for compensation under 38 U.S.C. § 1151 due to insufficient medical opinions regarding whether her wrist injury and seizures were caused by negligent VA medical care.

The Board has determined that the Veteran's seizure disorder, diagnosed as epilepsy, is related to his service and grants service connection for this condition.

The Board has granted an increased rating of 100 percent for the Veteran's seizure disorder with tonic-colonic seizures mixed with complex partial seizures, finding that the evidence is at least evenly balanced as to whether he had one or more major seizures per month during the appeal period.

The Veteran's service connection claims for headaches and seizures have been reopened, but the claim remains denied as there is no evidence of a nexus to service. The Veteran's left nasal septum deviation continues to be rated at 10%.

The Veteran's claim for service connection for vascular headaches has been granted. The issue of service connection for a seizure disability is dismissed.

The Veteran's tinnitus is granted as service-connected.,The issues of service connection for vision disorder, balance disorder, bowel incontinence, urinary incontinence, and seizure disorder are remanded.

The Board has decided to remand the case due to a recent breakthrough seizure and the need for further VA evaluation of the service-connected seizure disability.

The Board has remanded the case due to a TDIU claim, as the Veteran does not meet the percentage requirements for a schedular TDIU rating. However, even when the rating percentage requirements are not met, entitlement to TDIU benefits may be considered if the veteran is unable to secure and follow a substantially gainful occupation by reason of service-connected disabilities.

The Board has granted service connection for the Veteran's seizure disorder, but denied service connection for his leg cramps. The seizure disorder was found to have started during service and is now well controlled with medication. The leg cramps are attributed to a nonservice-connected back disability.

The Veteran's claims for various conditions, including TBI residuals and PTSD, are being remanded due to the need for additional development of his records.

The Board denied the Veteran's requests for restoration of a 40 percent rating and an increased rating to more than 10 percent for her cerebral cavernous malformation with seizures, finding that there was substantial improvement in her condition since August 14, 2015.

The Board has decided to remand the case due to insufficient medical opinions regarding whether the Veteran's seizure disorder was clearly and unmistakably not aggravated by service. The case will be returned for further evaluation.

The Board has remanded the Veteran's claims due to incomplete records and need for further medical opinions.

The Board has determined that the Veteran's claim for special monthly compensation for aid and attendance needs to be remanded due to inconsistencies in medical evaluations, lack of clarity on current level of care, and need for further examination. The case will be returned for clarification of the current level of special monthly compensation and a new examination.

The Board has remanded the case due to insufficient medical opinion addressing specific evidence and directives in the April 2020 remand.

The Board has remanded the claims for service connection for seizure disorder and lumbar spine DJD, including as secondary to a service-connected left knee disability. The appeal is due to new evidence being submitted that may support these claims.

The Board has granted the Veteran's claim, recognizing A. B., his son, as a helpless child due to permanent incapacity for self-support prior to attaining the age of 18 based on medical evidence showing he had severe disabilities including hydrocephalus and seizure disorder.

The Board granted an 80% evaluation for the Veteran's seizure disorder on and after December 8, 2016. The decision also denied service connection for a psychiatric disorder due to military sexual trauma or secondary to his service-connected seizure disorder.

The Board has remanded the case due to previous remand directives not being followed, and additional examinations are needed to reconcile opinions.