Epilepsy & seizure disorders decisions — 2022

The Board has remanded the claims for additional development, including obtaining medical opinions regarding the etiology of the Veteran's claimed disabilities and scheduling VA examinations.

The Veteran's service-connected disabilities prevent her from attending to the needs of nature, caring for herself, or protecting herself from the hazards of her environment. The Board has determined that she is in need of regular aid and attendance due to her service-connected conditions.

The Veteran's service-connected epilepsy with mesial temporal sclerosis was characterized by 5-8 minor seizures per week and an average of one major seizure every six months or less prior to September 9, 2019. The Board denied a higher evaluation for this condition.

The Board has remanded the case for further development, including a new examination by a physiatrist, psychiatrist, neurologist, or neurosurgeon to assess the Veteran's service-connected residuals of an in-service traumatic brain injury and his lower back disability. The TDIU appeal is also remanded.

The Veteran's TBI, GERD, seizure disorder including epilepsy, and obstructive sleep apnea are all granted as service-connected.,The Board found that the Veteran had a current disability of each condition while on active duty.

The Board has remanded the Veteran's claims for diabetes mellitus, hypertension, and seizure disorder due to potential exposure to hazardous chemicals during service. The issues are being remanded for further development including obtaining personnel records, researching exposure history, and scheduling a VA examination.

The Board has remanded the claims of service connection for brain aneurysm, CAD, diabetes, hearing loss, HTN, and prostate cancer due to new evidence submitted by the appellant. The cause of death claim is also being remanded.

The Veteran's claims for service connection for diastolic heart failure, hypertension, sleep apnea, a seizure disorder and a neurocognitive disorder are being remanded due to new theories of entitlement raised in his June 2022 brief. The TDIU claim is also being remanded as it is inextricably intertwined with the service connection claims.

The Board has determined that the Veteran does not have a current diagnosis of epilepsy or seizure disorder and has not had one at any time during the pendency of the claim. The weight of evidence shows that the Veteran's last seizure was in 1995 and resolved without any residual symptoms or disability.

The Board has granted service connection for a seizure disorder on a presumptive basis, as the Veteran's condition manifested within one year of separation from active duty. The TDIU issue is also remanded due to the need to assign a rating for the seizure disorder.

The Veteran's claims for service connection for bilateral hearing loss, left hamstring disorder, and seizure disorder have been dismissed. The claim for hypertension has been granted with a current rating of 100 percent from July 31, 2016. The issue of an initial rating higher than 10 percent for right lower extremity sciatic nerve radiculopathy is remanded.

The Board has dismissed the claim for TDIU and has remanded several issues including service connection for acne, an acquired psychiatric disorder, pseudofolliculitis barbae, seizure disorder, migraine headaches, and a lower back condition.

The Board denied the Veteran's claims for service connection for seizure disability, to include as secondary to his service-connected hypertension. The Board also remanded issues regarding a rating in excess of 20 percent for residuals of left shoulder injury with impingement and TDIU due to service-connected disabilities.

The Board has remanded the Veteran's claims for service connection for a seizure disorder, functional vision loss in the left eye, and bilateral blindness due to lack of an adequate opinion regarding their etiology.

The Veteran's service-connected TBI residuals, including headaches and cognitive impairment, are rated at a maximum of 70 percent since September 23, 2021.

The Board has determined that a remand is necessary to determine if the Veteran had an acquired psychiatric disorder or TBI during his lifetime and whether any such disability substantially or materially contributed to his death.

The Board has decided to remand the Veteran's claims for service connection and TDIU due to insufficient medical opinions regarding whether his seizure disorder pre-existed service and was aggravated by military service.

The Veteran's seizure disorder rating was reduced from 100% to 20%, effective May 1, 2016. The Board found that there was no sustained improvement in the Veteran's ability to function under ordinary conditions of life and work.

The Veteran's appeal for special monthly compensation based on housebound status or need for aid and attendance due to service-connected disabilities is remanded. The Board requests a VA examination to determine if the Veteran requires aid and attendance, considering his service-connected conditions.

The Veteran's appeal includes claims for service connection for various conditions, including bilateral hearing loss, tinnitus, hypertension, PTSD, seizure disorder, and obstructive sleep apnea. The Board has determined that these issues are remanded due to ambiguities in the character of discharge determination and insufficient medical opinions regarding secondary service connection.