Epilepsy & seizure disorders decisions — 2022

The Board has granted service connection for the Veteran's seizure disorder and MDD and unspecified anxiety disorder as secondary to her service-connected seizure disorder, finding that the evidence is at least in equipoise on whether these conditions are proximately due to her service-connected condition.

The Board denied service connection for diabetes mellitus type II, heart disability (to include coronary artery disease and hypertension), kidney disability, residuals of a stroke, memory loss, and blackouts and/or seizures all claimed as due to exposure to contaminated water at Camp Lejeune.

The Veteran's claim for an earlier effective date for bilateral lower extremity radiculopathy and a higher evaluation for lumbar DDD was denied. The Board is remanding these issues.,The Veteran's TDIU claim prior to December 11, 2013 is being referred to the Director of Compensation Service for extraschedular consideration.

The Veteran withdrew his appeal for an evaluation in excess of 40 percent for service-connected epilepsy prior to September 3, 2021.

The Board has remanded the claims for lung cancer, brain cancer, hemiplegia of the lower extremities, and seizures due to lack of evidence confirming asbestos exposure during service. The appellant's TDIU claim is also remanded as it is inextricably intertwined with these service connection claims.

The Veteran's TDIU claim is denied as his service-connected disabilities do not meet the schedular requirements for a grant of TDIU, and there is insufficient evidence to substantiate a reasonable possibility that he is unemployable by reason of his service-connected conditions.

The Veteran's 100% disability rating for posttraumatic seizure disorder is restored effective September 1, 2015. The discontinuance of special monthly compensation (SMC) at the statutory housebound rate under 38 U.S.C. § 1114(s) is also restored.

The Veteran's claim for a higher rating for his grand mal epilepsy is being remanded due to the need for an updated VA examination.

The Board has remanded the cases due to outstanding VA treatment records from non-VA facilities. The Veteran must authorize VA to obtain these records, and if necessary, a second request should be made.

The Board has reopened the previously denied claims for service connection for a seizure disorder and heart condition, but these issues are being remanded due to insufficient evidence.

The Board has decided to remand the case for additional development, including obtaining medical records and clarifying diagnoses. The Veteran's service connection claim for seizures is being reviewed.

The Board denied the Veteran's claims for service connection for stroke and seizure disorder, finding that there was no evidence of their onset during active service or a causal relationship to in-service events. The disabilities were diagnosed decades after separation.

The Board has remanded the case due to additional evidence, and the claim for service connection for a seizure disorder is pending.

The Board has determined that the Veteran's seizure disorder existed prior to his military service and was not aggravated by it, thus denying his claim for service connection.

The Board has denied the Veteran's claims for service connection for a seizure disorder as secondary to his service-connected diabetes mellitus and denied entitlement to a total disability rating based on individual unemployability prior to January 25, 2016. The primary reason was that there is no medical evidence showing that the seizures were proximately due or aggravated by his diabetes.

The Veteran's service-connected disabilities, including tonic clonic seizures and multiple knee and thigh conditions, have rendered him unable to secure or follow a substantially gainful occupation. His TDIU claim is granted.

The Board has remanded the claims for service connection and TDIU due to insufficient evidence or need for further examination. The Veteran's eye, head injury, and seizure disorder cases require additional medical opinions.

The Board has remanded the claims for seizures, dizziness and loss of balance, and syncope as residuals of a status post zygomatic arch fracture. The claims are being remanded due to the need for additional medical opinions regarding the etiology of these conditions.

The appeal of service connection for seizures or seizure-like symptoms is dismissed due to the appellant's death.

The Board has remanded the claims for service connection for Epilepsy and an acquired psychiatric disorder (to include as secondary to epilepsy) due to new evidence received since the final April 1980 denial. The Veteran's original claim for a seizure disorder was denied in April 1980, but new evidence raises a reasonable possibility of substantiating his claim.