Epilepsy & seizure disorders decisions — 2022

The Veteran's juvenile myoclonic type epilepsy is rated at 40 percent for the entire rating period on appeal, and a TDIU is granted.

The Board denied service connection for seizures, a compensable rating for aneurysm, and the Veteran's claim for TDIU from May 6, 2013 until September 30, 2013. The appeals were based on the Veteran's service-connected conditions including hypertension.

The Board has remanded the case for additional development, including obtaining an addendum opinion regarding the nature and etiology of the Veteran's bilateral foot disability. The issues of service connection for seizure disorder and low back disability remain unresolved.

The Board has remanded the claims of service connection for seizure disability and an increased rating for left shoulder injury with impingement, as well as the TDIU claim due to the need for additional medical opinions regarding the severity of the Veteran's conditions over time.

The Veteran's service-connected tension headaches and seizure disorder do not prevent him from securing or following substantially gainful employment.

The Board has remanded the claims for a seizure disorder, residuals of shell fragment wound with retained foreign body, and shell fragment wound scar to the anterior left thigh due to inadequate examination and missing VA treatment records. The Veteran's seizure disorder is presumed to have existed prior to service.

The Veteran's child, M.G., was found to be permanently incapable of self-support prior to the age of 18 due to her disabilities. The Board granted recognition as a helpless child.

The Veteran's claim for service connection for PTSD, hearing loss, seizure disorder, and residuals of TBI was denied. The Board found that the evidence did not support a current diagnosis of PTSD or establish a link between any diagnosed conditions and active duty service.,There is no chronicity of hearing loss during service, and there is insufficient evidence to establish continuity of symptomatology post-service.

The Veteran's seizure disorder is currently rated at 20% prior to August 20, 2013 and 40% from August 20, 2013 to November 19, 2019. The Board denied an increased rating for the seizure disorder as it did not meet the criteria for a higher rating based on the frequency of seizures.

The Board has remanded the claims for service connection due to insufficient evidence regarding the Veteran's Vietnam service and VA treatment records. The Veteran is also asked to authorize release of his private primary care physician's medical records.

The Veteran's service connection for acute renal failure, secondary to his service-connected ulcerative colitis, is granted. The claims for TTP/HUS, cardiomyopathy, CVA, and seizures are also remanded due to the need for additional medical opinions.

The Board denied the Veteran's claim for service connection for tonic-clonic or grand mal seizures (seizure disorder), finding that there is no probative and competent medical evidence to support a direct relationship between his seizure disorder and military service. The Board also found that the seizure disorder was not related to his service-connected hypertension.

The Board denied reopening the claim for service connection for a right knee disorder and denied all other issues on appeal. The Veteran's seizures, partial due to TBI, were granted an initial rating of 80 percent but not higher. The Veteran's TBI was denied for ratings prior to April 20, 2015 and after that date. The Veteran's migraines associated with TBI were granted a 30 percent rating. The Veteran was granted entitlement to TDIU.

The Board has remanded the claims for service connection for a heart disability and cause of death due to cardiopulmonary arrest with underlying causes of abnormal cardiac rhythm secondary to sleep apnea and dermatomyositis. The issues are inextricably intertwined, so both must be addressed.

The Veteran's provoked seizure was caused by a cervical epidural steroid injection (ESI) that VA referred him to undergo, resulting in an unforeseeable toxic brain reaction. The Board found the referral was within standard of care and awarded compensation under 38 U.S.C. § 1151.

The Board has remanded the claims of service connection for seizures and bilateral hearing loss due to incomplete records and inadequate medical opinions. The Veteran's seizure claim is remanded because VA failed to obtain all relevant private treatment records from Baylor Scott & White Medical Center. The hearing loss claim is remanded because the VA medical opinion was insufficient.

The Veteran's PTSD is granted as service-connected, with the Board finding that her reports of military sexual trauma are credible and establishing a nexus between her current PTSD symptoms and this stressor.,Headaches have also been granted as service-connected, based on the evidence showing an in-service occurrence and a link to service.

The Veteran's claim for service connection for posttraumatic seizure disorder and headaches was withdrawn. The claims for residuals of a head injury and degenerative disc disease (DDD) of the spine were granted.

The Veteran's acquired psychiatric disorder is rated at 50% prior to May 19, 2021 and 70% from that date. The Veteran also has a 70% rating for her service-connected acquired psychiatric disorder. A TDIU rating is granted.

The Veteran's claim for service connection for a seizure disorder was denied. The Board found that the evidence did not support a current diagnosis of a seizure disorder. For TDIU, the Veteran is granted as his service-connected disabilities preclude him from securing or following substantially gainful employment. SMC based upon need for aid and attendance or being housebound remains pending due to lack of recent VA examination.