Epilepsy & seizure disorders decisions — 2023

The Veteran's claims for service connection for a seizure disorder and residuals of a TBI have been denied.,The Board has found that the evidence does not show to the degree required the first Hickson element, a current disability, with respect to the Veteran's alleged seizure disorder and residuals of a TBI.

The Board has dismissed the service connection appeals for back, liver, prostate, seizure, and brain tumor disorders as they were withdrawn by the Veteran prior to a decision being made.

The Board denied service connection for a seizure disorder, finding that there is no current diagnosis of the condition in the Veteran's medical records.

The Board denied the Veteran's claim for additional dependency compensation on the basis that there is no evidence showing T.M. was permanently incapable of self-support prior to her 18th birthday.

The Board has remanded the Veteran's claims of entitlement to service connection for venous angioma and seizure disorder due to incomplete and conflicting medical opinions, and the need for updated VA treatment records.

The Veteran's claim for service connection for a left shoulder disability is granted. The claims for service connection for back, psychiatric disorders (including PTSD and major depressive disorder), TBI residuals, sleep apnea secondary to TBI, and seizure disorder secondary to TBI or acquired psychiatric disorder are remanded.

The Veteran's claim for a rating in excess of 40 percent for grand mal seizure disorder was denied, and the claim for an effective date prior to December 28, 2015 for TDIU was also denied.

The Board has remanded the case due to insufficient medical opinions regarding whether the Veteran's service-connected disabilities aggravate his sleep apnea and if his sleep apnea developed shortly after active service.

The Board denied service connection for a seizure disorder, finding that the Veteran's pre-existing condition clearly and unmistakably existed prior to active service and was not aggravated by service. The claim for TDIU was also denied.

The Veteran's service-connected disabilities did not preclude him from securing and following substantially gainful employment prior to August 16, 2016.

Service connection for left knee degenerative arthritis is dismissed.,Service connection for transient blindness associated with migraine headaches and/or seizures is granted.

The Board has remanded the Veteran's claims for compartment syndrome of the left leg, aneurysms of the head and abdomen, and seizures due to herbicide agent exposure as secondary to service-connected coronary artery disease. The cases are being remanded to obtain additional medical opinions regarding the etiology of these conditions.

The Veteran's service-connected disabilities did not prevent him from obtaining and retaining substantially gainful employment prior to May 27, 2014.

The Veteran's major motor seizures are currently rated as 80 percent disabling, effective October 20, 2022. The Board has remanded the case for further development and consideration of his claim.

For the period before January 20, 2015, a disability rating higher than 20 percent for seizures is denied.,For the period between January 20, 2015 and August 18, 2020, a disability rating higher than 40 percent for seizures is denied.,For the period between August 18, 2020 and August 22, 2022, a 100 percent disability rating for seizures is granted.,For the period since August 22, 2022, a disability rating higher than 80 percent for seizures is denied.,Effective April 27, 2016, a 10 percent rating for cognitive impairment due to TBI is granted.,Effective April 25, 2022, a 70 percent rating for cognitive impairment due to TBI is granted.

The Board denied service connection for brain aneurysm, coronary artery disease (CAD), epilepsy secondary to brain aneurysm, hypertension, and prostate cancer. The Veteran's claims were not supported by evidence of in-service exposure or a link between the conditions and service.

The application to reopen a claim for service connection for residuals of a head injury with seizures (also claimed as TBI) is denied.,Secondary service connection for tinnitus is granted, but secondary service connection for headaches is denied.

The Board has decided to remand the Veteran's claims for service connection for epilepsy and TDIU due to his service-connected AVM. The Veteran failed to report for a VA examination, which is required for proper adjudication of these claims.

The Board denied the Veteran's claims of service connection for TBI, Seizure Disorder, PTSD, and an acquired psychiatric disability other than PTSD (Major Depressive Disorder) due to lack of new and material evidence.

The Veteran's service connection claims for peripheral neuropathy of the lower extremities, seizure disorder, and bilateral foot disabilities have been granted. The Board found that these conditions are related to his presumed exposure to herbicide agents in Vietnam.