Epilepsy & seizure disorders decisions — 2023

The Veteran's claim for a higher evaluation of ptosis, left eye was denied as the evidence did not show impairment in visual acuity or scarring and disfigurement.,The Veteran's claim for compensation under 38 U.S.C. § 1151 for seizures due to cervical spine surgery was also denied.

The Board has remanded the Veteran's claims for further action due to insufficient evidence regarding her service connection for Type II Diabetes Mellitus and a seizure condition. The decision on whether these conditions are related to active service is pending.

The Board has remanded the cases for further medical examination and opinion regarding the Veteran's claims of service connection for arteriovenous malformation (AVM) with residual seizures, blind spots in the eyes, and photophobia. The issues are currently intertwined due to the AVM claim being remanded.

The Veteran's claim for service connection for a seizure disorder was reopened due to the submission of new and material evidence. The claim is remanded for further examination and medical opinion.

The Veteran's claim for service connection for temporal lobe epilepsy was granted with an initial rating of 10 percent and effective date set at September 15, 2009. The appeal is denied as the Veteran did not submit a formal or informal claim prior to this date.

The Board has granted the Veteran's claims to reopen for service connection for lumbar spine disorder, residuals of head injury, acquired psychiatric disorder (including PTSD, dysthymic disorder, and anxiety), and seizure disorder. The effective dates have not been established.

The Veteran's non-epileptic seizure disorder was granted a 100% rating for the entire appeal period prior to August 16, 2018.

The Veteran was granted a TDIU from January 10, 2005 to September 23, 2008. The Board found that his service-connected disabilities prevented him from securing and maintaining substantially gainful employment during this period.

The Board has granted an effective date of December 17, 2007 for the grant of service connection for psychomotor epilepsy (claimed as seizure disorder). The issues of increased ratings and TDIU are remanded.

The Board has granted service connection for obstructive sleep apnea, but remanded the issue of service connection for seizure disorder due to insufficient evidence.

The Board denied service connection for a seizure disorder, finding the evidence did not support that it began during active service or was related to an in-service injury. The Veteran's seizures were attributed to an assault he experienced while stationed at Fort Ord.,Service connection for migraine headaches was also denied as there is no clear evidence of their onset during service and no established link to a service-connected condition.

The Veteran's appeals for service connection for a seizure disorder and bilateral hearing loss have been dismissed as he has withdrawn his appeal.

The Board has remanded the Veteran's claims for service connection and rating of his thoracolumbar spine disability, recurrent head injury residuals, and recurrent seizure disability due to conflicting examination findings. Further evaluations are needed.

The Board denied accrued benefits for service connection for a neurological disability, claimed as seizures and variously diagnosed psychogenic nonepileptic seizures disability, and non-epileptic spells, as secondary to service-connected traumatic brain injury (TBI). The Board found that the Veteran's condition was not incurred in or related to service.

The Veteran's Hepatitis C and seizure disorder claims are being remanded for further development.

The Veteran's Alzheimer's disease, strokes, and seizures are being remanded for additional development as they may be related to service-connected tinnitus. The back condition claim is also remanded due to its inextricability with the seizures claim.

The Board has ordered a remand due to the inadequacy of the April 2023 VA examination, requiring an addendum opinion regarding the nature and etiology of the Veteran's claimed TBI and its residuals.

The Board has dismissed the Veteran's claims for insomnia disability and denied his claims for right thigh, bilateral hand, bilateral foot, seizure disorder, shin splints, eczema, pseudofolliculitis barbae (PFB), lumbar spine disability, left lower extremity neuralgia, lumbar scar, psychiatric disability, migraines, cystic acne, and hiatal hernia with gastritis and history of healed gastric antral ulcer.

The Board has found that a new VA examination is needed for the Veteran's lichen planus, and remands his claims of service connection for an acquired psychiatric disorder, hypertension, migraines, and seizures as secondary to his service-connected lichen planus. The Veteran was not provided with adequate examinations or opinions regarding these issues.

The Veteran's service connection claims for an upper respiratory condition and a traumatic brain injury are granted. The rating for left ankle strain and left hip strain is remanded.