Epilepsy & seizure disorders decisions — 2023

The Board has remanded the case due to a Joint Motion for Remand (JMR) issued by the Veteran's representative and the VA Office of the General Counsel. The JMR requested that the Board address the issue of SMC based on the need for regular aid and attendance, including evidence provided during the December 2021 hearing where the Veteran's spouse stated he cannot be around bodies of water without being reminded.

The Veteran's initial compensable disability rating for migraine headaches is denied.,Service connection for pseudo-seizures is also denied.

The Board dismissed the Veteran's claims of service connection for hearing loss, tinnitus, asthma, an acquired psychiatric disorder (PTSD), epilepsy, and a neck disability due to his withdrawal at the July 2023 hearing. The Veteran's asthma was found to have existed prior to service and not aggravated by service.

The Veteran's asthma, which was service-connected on December 18, 2006, is now rated at 60 percent from that date. The decision also denied the claim for a total disability rating based on individual unemployability due to incarceration.

The Board has determined that more development is necessary before final adjudication of the claims on appeal, including scheduling VA examinations for the Veteran's service-connected major depressive disorder and her claimed low back, bilateral hip, right knee, and seizure disorders.

The Veteran's seizure disorder was granted service connection as secondary to a pre-existing condition, while his heart disability claim was denied.

The Veteran's service-connected seizure disorder, right ankle disability, and psoriasis result in the need for regular aid and attendance of another to keep himself clean, attend to his needs, and protect him from daily hazards. The Board granted special monthly compensation effective September 12, 2017.

The claims for service connection are being remanded due to the need for additional development regarding the Veteran's exposure history and etiology of his seizure disorder, fatigue, headaches, and psychiatric condition.

The Board has remanded the claims of service connection for an acquired psychiatric disorder and a seizure disorder due to further development being required. The issues are inextricably intertwined as the diagnosis of psychogenic non-epileptic seizures is linked to psychological disorders.

The Board has remanded several issues related to the Veteran's service connection claims, including PTSD, left ear hearing loss, foot conditions, cervical and lumbar spine conditions, sleep apnea, TBI, headaches, and seizures. The Veteran was not provided with a VA examination for his feet or headaches, and additional records are needed regarding an accident in Tennessee.

The Board has denied service connection for stroke residuals, seizures, sleep apnea, and a traumatic brain injury (TBI) due to lack of evidence linking these conditions to the Veteran's active service. The claim for psychiatric disorder is remanded as there was an error in failing to provide a VA examination.

The Veteran's appeal for a higher disability rating for her seizures has been withdrawn by the appellant, resulting in the dismissal of the appeal.

The Board has decided to remand the case due to new evidence showing that the Veteran's current seizure disorder may have begun during active duty, which could affect the decision on severance of service connection.

The appeal regarding seizure disorder is dismissed. OSA and TBI are granted, but the MDD rating is remanded.

The Board has granted a 40 percent disability rating for epileptic seizures, grand mal from June 1, 2017 to April 30, 2018. The Veteran's epilepsy is rated under the General Rating Formula for Major and Minor Epileptic Seizures.

The Board has remanded four claims for service connection due to the need for additional evidence. The Veteran's dental implants, glaucoma, coronary arteriosclerosis, and seizure disorder are all being reviewed on their merits.

The Board has remanded the claims for service connection due to insufficient development of evidence regarding the etiology of the Veteran's seizure disorder and dizziness. The Veteran is seeking service connection for these conditions, which are currently not service-connected.

The Board has remanded the issue of whether the appellant's character of discharge from his military service constitutes a bar to VA benefits, excluding health care benefits under Chapter 17. The appeal is pending and will be addressed in a separate decision.

The Board found that the reduction from 100 percent to 40 percent for seizure disorder secondary to oligodendroglioma was improper and restored the Veteran's 100 percent rating effective August 1, 2021.

The Board has remanded the issues of service connection for high cholesterol, peripheral arterial occlusive disease (claimed as muscle cramps, pain in legs, and trouble with holding and gripping items), hypertension, diabetes mellitus, seizure disorder, and cataracts due to outstanding VA treatment records. The Veteran's spouse testified that he received treatment at a VA clinic in Greeneville, Mississippi, and there was no indication of such records being obtained.