Epilepsy & seizure disorders decisions — 2022

The Board has remanded the issues of service connection for diabetes mellitus, type II; chronic obstructive pulmonary disease (COPD); stroke residuals; seizure disorder; and defective vision due to inconsistencies in medical opinions and a need for further development.

The Board has dismissed the appeals regarding service connection for prostate cancer and an earlier effective date for DEA benefits due to the Appellant's withdrawal of these claims.

The Board has remanded the Veteran's claims for right-ear hearing loss, a neurological disorder (claimed as a seizure disorder and epilepsy), an acquired psychiatric disorder, and vertigo due to internal inconsistencies in the medical opinion regarding the aggravation of his pre-existing right-ear hearing loss during service.

The Board has determined that the Veteran's seizure disorder had its onset within one year of his separation from service and is not attributable to intercurrent causes, granting service connection for this condition.

The Veteran's claims for service connection for diabetes mellitus type II, Parkinson's disease, diabetic nephropathy (claimed as kidney disease), diabetic retinopathy (claimed as vision loss), gallbladder removal, glaucoma, pancreatitis, bitemporal local epilepsy, and lewy body dementia have all been granted due to presumed exposure to herbicides during service.

The Veteran's service-connected conditions do not meet the criteria for a higher level of SMC based on need for aid and attendance, as he is already receiving SMC at the (l) rate.

The Veteran withdrew their appeals regarding the issues of increased disability rating for migraines and service connection for bone, leg, and seizure disorders. As a result, these issues are dismissed.

The Veteran's right ankle disability is granted. The Veteran's right sciatic nerve disability for the period prior to September 6, 2016 is denied. The Veteran's right sciatic nerve disability for the period beginning September 6, 2016 is granted with a 40% evaluation. The Veteran's initial evaluations in excess of 20 percent for his right anterior crural (femoral) and left anterior crural (femoral) nerves are denied. The Veteran's initial evaluations in excess of 10 percent for his left sciatic nerve disability prior to December 19, 2019 is granted with a 20% evaluation. The Veteran's initial evaluations in excess of 20 percent for his left anterior crural (femoral) nerves beginning December 19, 2019 are denied.

The Veteran's claims for service connection for migraine headaches and seizure disorder have been granted. The appeal was remanded due to the need for further development regarding a total disability rating based on unemployability (TDIU).

The Veteran's claim for a higher evaluation of his generalized convulsive seizures from May 30, 2013 to November 10, 2014 was denied as the evidence did not show he experienced at least one major seizure in the last six months or two in the last year.

The Veteran's petition to reopen his seizure disability claim was denied as new and material evidence had not been received. The PTSD claim, however, was reopened due to the submission of new evidence.,Service connection for PTSD has been granted based on a diagnosis provided by a VA psychologist.

The Veteran's PTSD was increased to a 70 percent rating, and he received an additional 20 percent for psychogenic seizures. The Board found that the past-due benefits were incorrectly reduced by incarceration, so attorney fees are granted.

The Board has granted service connection for epilepsy, finding that the condition was incurred during active duty service and is not due to any pre-existing condition.

The Board denied the appellant's claim for DIC benefits based on status as a helpless child of his father, finding that he was not permanently incapable of self-support prior to reaching age 18 due to his ability to work and support himself.

The Veteran's claims for service connection have been denied. The Board found no evidence of a distinct disability characterized as 'swelling' or 'seizure disability.' Service connection was also denied for substance abuse (alcohol) disorder, stroke residuals, and peripheral neuropathy due to lack of competent medical evidence.

The Veteran's appeal is remanded for further development, including obtaining a medical opinion and notification letter. The TDIU claim is also remanded.

The Veteran's claim for service connection for a head injury with seizures was denied as he does not have a current diagnosis of these conditions.

The Veteran's claim for service connection for juvenile myoclonic epilepsy (epilepsy) was denied in an October 2018 rating decision. The appeal was improperly docketed under the AMA system, and a SOC has not been issued. The Board is remanding the case to issue a SOC and obtain any outstanding VA treatment records.

The Veteran's appeals for service connection and initial ratings for non-convulsive status epilepticus, bilateral hearing loss, and PTSD have been dismissed due to the Veteran's death.

The appeals for increased ratings and TDIU prior to August 14, 2009 are dismissed. From August 14, 2009, the Veteran's residuals of a traumatic brain injury (TBI) are rated at 70 percent.