Epilepsy & seizure disorders decisions — 2022

The Board has remanded the Veteran's claims for service connection for epilepsy and migraines, to include as secondary to epilepsy. The remand includes obtaining deck logs from the USS Bluefish (SSN675) and additional records from the National Personnel Records Center.

The Veteran's death was not caused by any service-connected disability, and there is no evidence of exposure to Agent Orange or other herbicides. The claim for DIC under 38 U.S.C. § 1318 is also denied as the Veteran did not meet the criteria for receiving such benefits.

The Board has granted service connection for PTSD and remanded the issue of service connection for a seizure disorder. The decision on the PTSD claim is based on an in-service personal assault (MST).

The Veteran withdrew his appeal, including all issues related to service connection for various disabilities.

The Veteran's lumbar DJD with IVDS and epilepsy were not rated higher than 40 percent, as there was no evidence of unfavorable ankylosis or incapacitating episodes. The Veteran’s bowel dysfunction and erectile dysfunction are separately rated.,Epilepsy was also not rated higher than 40 percent due to the lack of confirmed major seizures in the past year.

The Board has determined that new and material evidence has been received to reopen the Veteran's previously denied claims for service connection for a seizure disorder and an acquired psychiatric disorder. The claims are now remanded for further development.

The Veteran's service-connected peripheral vestibular disorder is currently rated as 30 percent disabling, and his tinnitus is secondary to this condition.,Issues related to bilateral foot, knee, lumbar spine, and lower extremity neuropathy are remanded for further review.

The Board has remanded the claims for service connection and TDIU prior to July 22, 2018 due to conflicting medical opinions and need for further examination.

The Veteran's claims for service connection and increased rating for his right eye disability have been denied. The Board found the Veteran's statements regarding in-service head injuries to be not credible, and thus did not find residuals of a head injury or related conditions as being incurred during active service.

The Veteran's claims for service connection and TDIU are being remanded due to the need for a VA examination regarding his character of discharge, as well as potential psychiatric issues that may have contributed to his misconduct.

The Veteran has withdrawn his claims for service connection of seizure disorder, traumatic brain injury, atrial fibrillation, and low back disability. The remaining issues (headache disorder and dementia) are remanded due to the need for additional development.

The Board has remanded the claims for service connection due to incomplete records and need for further development, including obtaining additional private treatment records.

The appeal as to the September 2016 rating decision that denied increased ratings for a headache disability with psychosomatic complaints, gastrointestinal (GI) symptoms and history of seizure, a lumbar spine disability, sensory radiculopathy of the right and left sciatic nerves, and entitlement to a TDIU is granted. The issues of increased ratings for a headache disability with psychosomatic complaints, GI symptoms, and history of seizures, a lumbar spine disability, sensory radiculopathy of the right and left sciatic nerves, and entitlement to a TDIU are remanded.

The Board has remanded the case due to a duty-to-assist error, specifically regarding an inadequate VA examination during the period prior to October 23, 2008. The Veteran's TBI residuals need to be reassessed by an appropriate clinician.

The Board has denied the Veteran's claim of service connection for generalized convulsive seizures, finding that there is clear and unmistakable evidence that the condition existed prior to service and was not aggravated by military service.

The Board dismissed the issue of an initial rating in excess of 10 percent for CVA, which was incorrectly addressed in a May 2022 Supplemental Statement of the Case. The Board did not have jurisdiction to dismiss this claim because it was not properly before them.

The Veteran's claims for bilateral foot fungus, hypertension, and seizure disorder were denied as there was no evidence of a current disability related to service. The Board found that the Veteran did not have a clinical diagnosis of a seizure disorder at any time during the appeal period.

The Veteran's hypertension, hepatitis C, skin condition, seizure disorder, and dental disability are not service-connected.,No effective date prior to June 1, 2006 for SMC based on aid and attendance is granted.

The Veteran's right knee meniscectomy residuals with arthritis and seizure disorder have been granted, but the ratings are limited. The right knee condition is rated at 20% prior to April 15, 2013, and 60% since January 3, 2014. The seizure disorder has a rating of 80% prior to December 18, 2012, and 40% from December 18, 2012 to January 3, 2014.

The Veteran's heart disability, diagnosed as coronary artery disease, is granted service connection on a presumptive basis due to exposure to herbicides in the Republic of Vietnam.,Service connection for a seizure condition was denied. The Board noted that there was no evidence of seizures during active service and the claim was remanded for further examination.