Epilepsy & seizure disorders decisions — 2021

The Board denied the Veteran's claim for service connection of a seizure disorder, finding that there was no evidence linking his current condition to his military service.

The Board has decided to remand the service connection claims for hypertension, epilepsy, and bilateral hearing loss due to a lack of VA examinations. The Veteran's active duty includes service in Vietnam.

The Veteran's sleep apnea is caused by his service-connected sinusitis.,There is no evidence of a current seizure disorder during the appeal period, and therefore service connection for a seizure disorder is denied.,Pneumonia is remanded as there are no records documenting treatment during the appeal period. The Veteran should provide authorized records from any physician or facility where he received treatment.,Tremor disability is remanded as the Veteran's lay statements concerning hand tremors in service need to be addressed by a VA examiner.,Back and neck disabilities are remanded as the Veteran's lay statements about back pain during service need to be considered. The Veteran should provide authorized records from any physician or facility where he received treatment for his radiculopathy.,Bilateral lower extremity and upper extremity radiculopathies are remanded in conjunction with the Veteran's neck and back disabilities, as they are inextricably intertwined.

The Board has remanded the Veteran's claims for additional development due to insufficient examination reports and lack of clear and unmistakable evidence regarding pre-service conditions.

The Board has denied the Veteran's claim for service connection for a seizure disorder, finding that there is no evidence to support a link between his current condition and his military service.

The Board denied the Veteran's claims for service connection for cervical spine disability, seizure disorder as secondary to cervical spine disability, right lower extremity neuropathy as secondary to cervical spine disability, and left lower extremity neuropathy as secondary to cervical spine disability. The Board found that the preponderance of the evidence did not support a finding that these conditions were incurred or aggravated by service.

The Board denied the Veteran's claims for service connection for brain disability, seizure disorder, and throat cancer. The decision found that there was no evidence linking these conditions to his military service.

The Board has remanded the case due to insufficient examination reports and failure to address relevant evidence. The Veteran's functional limitations caused by his service-connected disabilities need to be evaluated.

The Board has remanded the claims for complex partial seizures, generalized anxiety disorder and TBI, migraines, and TDIU due to evidence suggesting worsening of the Veteran's service-connected disabilities.

The Board has remanded the Veteran's claims for service connection for skin condition, heart condition, seizure disorder, and headache condition due to inadequate development of evidence.

The Board has determined that the Veteran's heart disease, stroke with left-sided weakness, seizure disorder, left visual impairment, and left auditory impairment are not service-connected as they were either preexisting conditions or did not manifest during active duty.

The Veteran's claims for service connection for grand mal epilepsy, traumatic brain injury (TBI), left shoulder impingement, and right shoulder impingement are being remanded due to the need for additional medical opinions. The claim for Chapter 35 Dependents' Educational Assistance benefits is also being remanded as it is inextricably intertwined with these other claims.

The Board granted service connection for tinnitus and denied an initial disability rating in excess of 80 percent for seizure disorder. The decision on tinnitus is based on the Veteran's credible reports linking his current tinnitus to service, while the seizure disorder decision finds that the evidence does not support a finding of at least one major seizure per month over the last year.

The Veteran's TBI residuals with seizure disorder and lumbar spine disability are granted as service connection is established for these conditions.

The Veteran's PTSD with related pseudoseizures is granted as service-connected. However, the claim for seizures remains denied.

The Veteran is granted SMC under 38 U.S.C. § 1114(m) for loss of use of both legs and SMC under 38 U.S.C. § 1114(l) based on the need of regular aid and attendance due to multiple service-connected disabilities other than those indicating that he has loss of use of both legs.,The Veteran is also granted SMC under 38 U.S.C. § 1114(o).,However, the Veteran's entitlement to SMC under 38 U.S.C. § 1114(r)(2) remains pending as it requires a higher level of care which has not been determined.

The Board has remanded the claims for service connection for transient global amnesia, to include seizures, and a visual disorder due to unresolved issues.

The Veteran's appeals for service connection for bilateral eye disability, bilateral hearing loss, epilepsy, and a psychiatric disability (claimed as PTSD) have been dismissed. The appeal for service connection for a psychiatric disability is being remanded.

The Board has remanded the claims for service connection due to insufficient evidence. Additional development is needed, including an addendum opinion on whether the Veteran's epilepsy is related to Gulf War exposures.

The Board has granted the Veteran's appeal for recognizing his daughters A and B as dependent children based on their permanent incapacity for self-support prior to reaching age 18 due to diagnosed disabilities.