Epilepsy & seizure disorders decisions — 2021

The Veteran's TBI-related disabilities, including seizures and mental health issues, are rated at separate levels. The rating for Traumatic Brain Injury is denied as the symptoms do not meet criteria for a higher rating. A separate 10 percent rating is granted for seizures associated with TBI, and a 50 percent rating is granted for mental health disability associated with TBI.

The Board has remanded the case to determine if the appellant's preexisting seizure disorder was aggravated during his service.

The appeals for service connection for congestive heart failure and a seizure disorder (claimed as epilepsy) have been dismissed due to the death of the appellant during the appeal process.

The Board denied the Veteran's claims for service connection for anemia, hypertension, seizure disorder, and insomnia due to Agent Orange exposure as there was no evidence of these conditions in service or within one year after service. The VA examiners found that the disabilities were not related to service or Agent Orange exposure.

The Veteran's claim for SMC based on the need for aid and attendance is remanded due to insufficient evidence regarding his functional impairment associated with his service-connected disabilities, including PTSD, pseudoseizures, obstructive sleep apnea, and right ankle disability.

The Veteran's service-connected conditions reasonably precluded gainful employment prior to August 2, 2016. An effective date prior to this date for the award of a TDIU is granted.

The Veteran's seizure disorder is currently rated at 40 percent since January 26, 2018. The Board has ordered a remand for another VA examination to determine the current severity of his service-connected seizure disorder and to provide a retrospective medical opinion on the frequency of seizures prior to January 26, 2018.

The Veteran withdrew his appeal for service connection of undiagnosed neurological disorder with seizures and myoclonic jerks, chronic fatigue syndrome, and chronic joint pain. The Board dismissed the appeals.

The Veteran's brain stem seizures are rated at 100 percent, effective July 2021. The claims of financial assistance in the purchase of one automobile or other conveyance and adaptive equipment, SMC based on aid and attendance, SAH, and SHA are remanded.

The Board has remanded the claims for a seizure disorder and TDIU due to new evidence indicating possible service connection, but also noting that the cyst claim was not reopened as there is no new material evidence. The seizure disorder claim will be further examined with an opinion on its etiology.

The Board has denied the veteran's claims for service connection for epilepsy and neurofibromatosis, finding that there is no clear and unmistakable evidence of aggravation beyond their natural progression during service.

The Board has decided to remand the case due to a duty-to-assist error that occurred prior to the February 2020 decision on appeal. The appellant's spina bifida condition must be evaluated by an appropriate clinician to determine whether it is at least as likely as not (50 percent or greater possibility) a form or manifestation of spina bifida, other than spina bifida occulta.

The Veteran's appeal has been dismissed for the issue of increased rating for lumbosacral strain with degenerative disc disease. The claim for service connection for seizures has been reopened, but further examination and opinion are needed to determine its etiology. Other issues remain pending.

The Veteran's initial rating for Systemic Lupus Erythematous (lupus) is denied as the condition has not manifested functional impairment equivalent to frequent exacerbations producing severe impairment to health.,The Veteran's initial rating for Psychomotor Seizures is denied as the condition has not manifested functional impairment equivalent to averaging one major seizure in four months over a year or more than 9-10 minor seizures per week.

The Veteran's generalized seizure disorder has been rated at 20 percent since June 2012. The Board is remanding the case to provide a VA examination and determine if his condition warrants restoration of the previously assigned 40 percent rating.

The Veteran's service-connected disabilities have rendered him disabled to the extent that he requires regular aid and assistance of another person, warranting SMC based on the need for aid and attendance from August 7, 2014.

The Board denied the Veteran's claim for service connection for meningioma and residuals, to include seizures, finding that there was no evidence of a chronic disease shown as such in service or within the applicable presumptive period. The Board also found that the Veteran did not have continuity of symptomatology after service.

New and material evidence has been received to reopen the previously denied claim of service connection for lumbosacral strain.,The Veteran's PTSD is related to his military service. The examiner should provide an opinion on whether ED was aggravated by his acquired psychiatric disability.,Service connection is granted for PTSD, but no rating assigned as it is presumed due to in-service personal assault.

The Board has dismissed the claims of service connection for brain disorder and seizures as the Veteran withdrew his appeal prior to a decision being made.

The Veteran withdrew his appeal regarding the seizure disorder claim, and the Board dismissed it as a result.