Epilepsy & seizure disorders decisions — 2021

The Board has denied the Veteran's claims of service connection for vertigo and pseudoseizure disorders, finding that there is no current disability or evidence of a nexus to military service.

The Board has remanded the Veteran's claims for service connection for TBI and SMC based on need for regular aid and attendance due to ongoing issues with the adequacy of previous opinions and the inextricability of these matters.

The Board has remanded the claims for service connection for non-epileptic seizure disorder and Parkinson's disease due to new evidence received since the last final denial. The Veteran contends that his seizures began during active service following a motor vehicle accident.

The Veteran's service connection claims for an acquired psychiatric disorder, headaches, back injury, neck injury, right hip injury, left ankle injury, ulcers, heart problems, kidney failure, head trauma, and seizures have been granted. The appeals are remanded for further development.

The Board has determined that additional VA medical opinions are needed to address the etiology of the Veteran's seizure disorder, vertigo, COPD, and osteoporosis. The claims for these conditions are being remanded.

The Board has granted special monthly compensation based on the need for aid and attendance of another person due to service-connected seizure disorder. The housebound status issue is moot as SMC at the aid and attendance rate was granted.

The Veteran's service-connected unknown febrile illness (claimed as malaria and cerebral malaria) is not active, resulting in no residuals other than the symptoms of epilepsy with mesial temporal sclerosis. The Veteran's epilepsy with mesial temporal sclerosis was rated based on its severity prior to September 9, 2019, and from that date onwards, a higher rating of 60 percent has been granted.

The Board has granted service connection for hypertension and remanded the remaining issues due to insufficient evidence.

The Veteran's service connection claims for bilateral hearing loss, residuals of heat stroke, hypertension, epilepsy, cardiac arrhythmia, lower extremity edema (including spider veins), headaches, and neurological effects have all been denied.,There is no evidence to support the Veteran's assertions that his current conditions are related to his active duty service.

The Board has remanded the case for a new VA opinion on the Veteran's epilepsy rating and to determine if TDIU should be granted on an extraschedular basis.

The Veteran's appeal is remanded due to the August 1995 rating decision denying SMC based on statutory housebound status and the need for regular aid and attendance. The issue will be addressed by the AOJ in the first instance.

The Veteran's claims for service connection have been reopened, and the claim for sleep disorder (Nightmare Disorder) has been granted.,Other claims remain pending and are being remanded by the Board.

The Board has granted service connection for residuals of a head injury, including headaches and seizures, finding that the Veteran's current conditions are at least as likely as not related to his in-service head injury. The decision also grants service connection for a seizure disorder, attributing it to the same head injury.

The Veteran's appeal to reopen service connection for a seizure disorder was granted, while appeals for other conditions were denied. Service connection for the previously claimed conditions is not established.

The Board has granted an effective date of July 21, 2004 for the award of a total disability rating based on individual unemployability due to service-connected disabilities. The Veteran's combined disability rating was at least 70 percent since July 21, 2004.

The Veteran's seizures are a symptom of his service-connected conversion disorder with mixed symptoms. Service connection for seizures as a separate ratable entity is denied.,Service connection for sleep apnea, cervical and lumbar spinal damage, to include as secondary to the service-connected TBI, is remanded.

The Veteran's PTSD is rated at 100% since July 21, 2017. Service connection for HPV and sleep apnea are granted. The remaining issues (neck disability, low back disability, seizures of the left/right side of the body, right ankle disability, migraine headaches, and tremors) remain pending.

The Veteran's service-connected grand mal epilepsy and lower blindness have rendered him unable to secure or follow a substantially gainful occupation since July 18, 2014. The Board has granted a total disability rating based on individual unemployability (TDIU) from that date.

The Board has determined that additional development is needed for the claims of entitlement to a disability in excess for residuals of right knee ACL tear and entitlement to a compensable disability rating for mild hiatal hernia and pyrosis disorder. The Veteran's testimony indicates worsening of his service-connected disabilities, which triggers the need for VA examinations to assess the current severity of these conditions.

The Board has granted service connection for headaches and asbestosis (claimed as lung cancer), but denied all other claims, including those related to heart condition, diabetes mellitus, hypertension, seizure disorder, stroke, and dementia due to herbicide exposure. The claim for service connection for hyperlipemia was also denied.