Epilepsy & seizure disorders decisions — 2023

Your claim for service connection for epilepsy has been granted and you are now receiving a 40% rating effective March 28, 2022. The Board is dismissing the appeal because your claim has already been resolved in your favor.

The Veteran's claim for service connection for head injury residuals has been granted. The claims for higher ratings for lumbar and cervical spine disabilities, as well as the claims for unspecified osteoarthrosis and arthritis (excluding already service-connected conditions but including hands, wrists, elbows, and ankles), a disability to account for chronic pain, and a right shoulder disability have been remanded.

The Board has remanded the claims of service connection for bipolar disorder and seizure disability due to inadequate medical opinions. The Veteran's bipolar disorder may be related to her in-service military sexual trauma, but the examiner needs to clarify whether it is caused by or aggravated by PTSD. For the seizure disability, the examiner should determine if it was caused by a physical trauma during service.

The Board has granted the Veteran's request to reopen his claim for service connection for seizures and remanded the issues of service connection for TBI and an acquired psychiatric disorder. The claims are inextricably intertwined with the seizure claim.

The Veteran's diabetes mellitus and petit mal seizures are currently rated at the maximum available disability ratings. The Board has granted earlier effective dates for service connection of diabetic peripheral neuropathy left lower extremity, right lower extremity, and hypertension.

The Veteran is granted a 70 percent disability rating for major depressive disorder and cognitive disorder effective December 8, 2008. The Board found that his symptoms warranted this level of disability as of December 6, 2006.

The Veteran's claims for increased ratings and TDIU are being remanded due to the need for additional examinations and medical opinions.

The Board has found that there has not been substantial compliance with the March 2023 remand directives and has therefore ordered new VA examinations for the Veteran's claims of service connection for epilepsy, non-epilepsy seizure, respiratory disorder, and acquired psychiatric disorders.

The Veteran's claims for increased ratings and TDIU have been remanded due to the need for additional retrospective medical opinions regarding his service-connected depression and seizure disorder.

The Veteran has withdrawn all his appeals regarding the service connection claims for epilepsy, vision condition, migraine headaches, non-Hodgkin's lymphoma, lung cancer, right hip disability, neck disability, and back disability.

The Board has withdrawn the claim for left knee injury and granted service connection for an acquired psychiatric disorder. The remaining issues have been remanded due to outstanding records and need for further examination.

The Board has remanded the Veteran's claims for special monthly compensation based on aid and attendance and housebound status due to incomplete VA Form 21-4142a, missing private treatment records, and failure to notify the Veteran of the incompleteness. The AOJ is instructed to obtain any outstanding VA and non-VA treatment records.

The Veteran received emergency medical care for a skull fracture and subdural hematoma on February 11, 2020. The Board found that the treatment was related to an emergent condition due to a service-connected seizure disorder, and thus granted payment for non-VA care.

The Board has remanded the case due to a need for an opinion on whether a reasonable healthcare provider would have reasonably foreseen the risk of an air embolus resulting in cerebrovascular accident and generalized tonic-clonic seizure following the Veteran's June 2011 bronchoscopy with biopsy.

The Board has denied the claim for SMC based on aid and attendance or housebound status due to the Veteran's service-connected PTSD. The case is being remanded to obtain a VA opinion addressing whether the Veteran needed regular aid and attendance or was housebound as a result of his PTSD, and if so, whether it was related to his service-connected PTSD.

The Board has found that the Veteran's claims for an increased rating for his seizure disorder and TDIU are remanded due to pre-decisional duty to assist errors, including failing to obtain updated private treatment records and scheduling a VA examination.

The Board has remanded the case due to lack of substantial compliance with its previous directives and a need for another medical opinion regarding the Veteran's conditions.

The Veteran's TDIU is granted due to his service-connected stroke, which precludes him from securing or following substantially gainful employment.

The Veteran's son, D.D., was denied recognition as a helpless child due to insufficient evidence showing he became permanently incapable of self-support prior to turning 18.

The Veteran's claim for service connection for PTSD, bilateral hearing loss, GERD, epilepsy, traumatic brain injury, and tremors has been granted. The effective date for the grant of service connection for PTSD is set at May 4, 2012. A TDIU due solely to PTSD was granted as of May 1, 2022. Service connection for other conditions remains pending.