Epilepsy & seizure disorders decisions — 2023

The Veteran's claims for an increased rating, earlier effective date, and TDIU are being remanded due to the addition of relevant VA treatment records and a January 2022 VA examination report. The AOJ must review the claims file and ensure that all development has been completed.

The Veteran's biological child was born with Sturge-Weber Syndrome and other disorders. The claim for benefits under 38 U.S.C. § 1805 or § 1815 is denied because the appellant does not have spina bifida, which would qualify her for benefits based on her mother's Vietnam service.

The Board has decided to remand the case due to incomplete compliance with previous remand directives and the need for additional examinations, particularly by an epileptologist and a psychiatrist or psychologist.

The Veteran's claim for a higher disability rating for complex partial seizures with accompanying migraine headaches is remanded due to the absence of recent private medical records.

The Veteran's service-connected seizures do not render him unable to secure and follow substantially gainful employment, as the evidence does not show he is precluded from performing sedentary work.

The Veteran's service connection for sarcoidosis has been granted under the PACT Act, presuming it is related to his exposure to burn pits during his service in Kuwait. Service connection for hypothyroidism as secondary to service-connected sarcoidosis has also been granted.,Service connection for a disability manifested by brain lesion and seizures, and obstructive sleep apnea (OSA) are remanded due to insufficient evidence regarding their relationship to the Veteran's service-connected conditions.

The Board has granted service connection for a lumbar spine disability and denied service connection for traumatic brain injury residuals, sleep disorder, and seizures.

The Board has ordered additional development regarding the Veteran's service connection claim for a neurological disorder, including verification of exposure to toxic substances and further examination. The case is being remanded due to non-compliance with previous directives.

The Veteran's claustrophobia and seizure disorder claims are being remanded for additional development to clarify the nature of these conditions and their relationship to his service-connected PTSD and major depressive disorder.

The Board has remanded the case due to an error in not considering a medical opinion from Dr. M. F., who opined that the Veteran's service-connected conditions contributed to his death.

The Veteran's claims for a higher rating for PTSD and TDIU are being remanded due to the need for clarification regarding suicide attempts, treatment records, and employment information.

The Veteran's left ear hearing loss has been rated as noncompensable throughout the appeal period. The Board finds that his symptoms do not warrant a higher rating.,For PTSD, the Veteran's symptoms have resulted in occupational and social impairment with deficiencies in most areas, such as work, school, family relations, judgment, thinking, or mood. He has been rated at 70 percent for this period.

The Veteran's brain tumor, recurrent seizures, and adjustment disorder are all granted as service-connected.,Acute pharyngitis is denied.

The Veteran's death was caused by stage IV colorectal cancer, but the claims for service connection are remanded due to pending unresolved issues.

The Veteran withdrew his appeals, and the Board dismissed all issues due to lack of allegations of error in the determinations.

The Board has dismissed the appeals for service connection for seizures and syncope/dizziness/passing out (Wernicke Korsakoff syndrome) as they have been granted in a previous rating decision.

The Board has remanded the cases for further development regarding the Veteran's service connection claims, specifically focusing on his National Guard service records and personnel files.

The Board has denied the Veteran's claims for service connection for TBI and PTSD due to a lack of current disability evidence. The claim for PTSD is remanded as there are insufficient medical opinions regarding its etiology.

The Veteran's claims for service connection for sleep apnea and an increased rating for grand mal seizure syndrome were denied. The Board found that the evidence did not support a finding of in-service onset or relationship to service, and the current diagnoses do not meet the criteria for higher ratings.

The Board has determined that the Veteran's appeal was improperly placed in the AMA system and should be re-docketed under the Legacy system. The issues on appeal will be readjudicated, and a SOC must be issued for any issues the Veteran wishes to continue his appeal.