Epilepsy & seizure disorders decisions — 2024

The Board has determined that additional development is needed to address pre-decisional duty-to-assist errors and to provide the Veteran with a comprehensive examination for his claimed disabilities.

The Board has granted service connection for Traumatic Brain Injury and Seizure Disorder, with the latter being secondary to the Veteran's service-connected PTSD.

The Board has determined that a VA examination is needed to determine the etiology of the Veteran's claimed seizure disorder, as there are no current diagnoses consistent with this claim and further investigation is required.

The Veteran's service-connected disabilities, including posttraumatic stress disorder, major depressive disorder, dissociative identity disorder, migraines, and psychogenic non-epileptic seizures, are found to be so severe that she is unable to secure or follow substantially gainful employment. As a result, the Board has granted entitlement to a total disability rating based on individual unemployability (TDIU).

The Veteran's cause of death was not related to his military service, including any in-service dental work or ionizing radiation exposure. The Board denied the claim for service connection.

The Veteran's brain tumor, seizure disorder with memory loss, and stroke are all granted as service-connected due to exposure to toxic substances during his military service in the Southwest Asia theater of operations.

The Board denied service connection for epilepsy as there is no current diagnosis of the condition during or proximate to the period on appeal.

The Board has denied the Veteran's claims for service connection of arrhythmia, seizure disorder, and recurrent syncope as there is no current evidence of these conditions.

The Veteran's service connection awards for fibromyalgia, epilepsy, major depressive disorder, and migraines were granted effective from September 22, 2021. The Board denied requests for earlier effective dates.

The Board has determined that the Veteran's claim for service connection for a seizure disorder must be remanded due to non-compliance with previous directives and the need for updated VA treatment records.

The Veteran's service-connected disabilities, including unspecified depressive disorder and epilepsy, are found to be so severe that they prevent him from securing or following a substantially gainful occupation.

The Board has remanded the case due to inadequate medical opinions and a failure to obtain all relevant private treatment records.

The Veteran's disability ratings for migraine, irritable bowel syndrome (IBS) with gastroesophageal reflux disease (GERD), epilepsy with recurrent seizures, posttraumatic stress disorder (PTSD), lumbosacral strain, and temporomandibular joint (TMJ) syndrome were improperly reduced to noncompensable effective January 1, 2023. The ratings are restored.

The Veteran's claim for service connection for epilepsy, grand mal (grand mal epilepsy) is being remanded due to a pre-decisional duty to assist error. A new VA medical opinion is required to determine the nature and etiology of the Veteran's current diagnosis.

The Veteran's emergency medical treatment from June 28 to June 30, 2017 was approved due to the lack of feasible VA availability and the Veteran's financial liability. All benefit of doubt has been resolved in favor of the Veteran.

The Board denied a rating in excess of 40 percent for the Veteran's seizure disorder prior to January 22, 2019, finding that his symptoms more closely approximated an average of at least five to eight minor seizures weekly, which corresponds to the criteria for a 40 percent rating under Diagnostic Code 8910.

The Board has granted service connection for tinnitus, but denied service connection for OSA, unspecified anxiety disorder, ED, migraine headaches, seizure disorder, fatigue, and sleep disturbance.

The Board has remanded the Veteran's claims due to new evidence being added to his case file and because of the need for updated VA examinations.

The Board denied service connection for lymphadenitis, sleep apnea, Barrett's esophagus, tinea corporis, seizures disorder, neuropathy and neuromyelitis, and type II diabetes mellitus due to lack of evidence showing an in-service event or disease.,The Veteran did not provide sufficient evidence to support his assertions that these conditions were related to service, including exposure to radiation or heavy lifting.

The Board has granted service connection for the Veteran's seizure disorder, finding that it had its onset during active military service and continued since separation. The claim is based on direct evidence of a link between the condition and service.