Epilepsy & seizure disorders decisions — 2024

The Veteran's seizure disability was granted effective August 9, 2022.,An increased rating of 60 percent for bladder cancer residuals was granted effective May 1, 2018. The Veteran is also now eligible for TDIU from that date.

The Board denied the Veteran's motion for revision of a final decision that denied service connection for partial complex seizure disorder, finding no clear and unmistakable error.

The Board denied the veteran's claim for service connection for a seizure disorder, finding that it preexisted active service and was not aggravated by service.

The Board granted an effective date of October 17, 2018, for the establishment of service connection for PTSD and a 100 percent rating from July 19, 2019, due to the severity of symptoms.

The Board has determined that the Veteran is in need of personal care services for a minimum of six continuous months due to his extensive medical needs, including seizure disorder, mobility limitations from above-the-knee amputation, and ileostomy. The PCAFC eligibility decision must be reconsidered based on whether participation would be in the Veteran's best interest.

The Board has decided to remand the case due to a duty to assist error, including failing to obtain relevant medical records and provide a VA retrospective medical opinion.

The Board has remanded the case due to a lack of an opinion on whether service-connected conditions contributed substantially or materially to the cause of death. The examiner is asked to provide opinions regarding aggravation by service-connected disabilities.

The Veteran's overpayment of VA compensation benefits was denied due to the termination of apportionment following his divorce from the Appellant.

The Veteran's claim for SMC based on the need for aid and attendance prior to December 15, 2021 was denied as there is no evidence showing he required regular aid and assistance due to his service-connected disabilities.

The Veteran's initial compensable rating for his headache disorder is denied due to the lack of characteristic prostrating attacks.,The Veteran's seizure disorder receives a 20 percent initial disability rating, but no higher, based on at least one major seizure in the two years prior to the period on appeal.

The Board denied service connection for right knee septic arthritis, seizures, hypertension, and diabetes mellitus as the evidence did not support a finding of a nexus between these conditions and the Veteran's military service. The left knee condition was remanded for further development.

The Board denied a rating in excess of 40 percent for epilepsy and a rating in excess of 20 percent for back disability, but granted a total disability rating based on individual unemployability (schedular TDIU) from October 23, 2019.

The Board has remanded the claims for service connection for memory loss and epilepsy, as well as the claim for TDIU due to a pre-decisional duty to assist error in failing to obtain an examination and opinion. The Veteran's current disabilities include asthma with pleural scar cardiophrenic sulci and sleep apnea (50 percent disabling), hearing loss (10 percent disabling), tinnitus (10 percent disabling), and epilepsy.

The Veteran's appeal was dismissed due to their death during the pendency of the appeal. The Board cannot issue a decision on the underlying claims at this time.

The Board has decided to remand the case due to insufficient medical evidence to decide if the Veteran's seizure disorder is related to his service-connected PTSD. The VA examiner's opinion was inadequate and does not provide a clear answer on whether the seizures are secondary to PTSD or aggravated by it.

The Veteran withdrew his appeals regarding several disability ratings and eligibility issues, leading to their dismissal.

The Board has determined that the Veteran's claims for service connection for tinnitus, seizures, and TBI are remanded due to insufficient opinions regarding secondary service connection. Additional VA examinations and medical opinions are needed.

The Board has remanded the case due to insufficient medical opinions regarding whether the seizure disorder is related to herbicide agent exposure or secondary to service-connected coronary artery disease.

The Board has denied the Veteran's claims for service connection for high cholesterol, back disability, pulmonary granulomas, sleep apnea, COPD, Crohn's disease, headaches, heart disability, seizure disorder, myoclonic jerk disorder, and rhinitis due to a lack of evidence linking these conditions to his active service.

The Board has granted the Veteran's application for specially adapted housing due to his service-connected disabilities that affect his mobility and require a wheelchair and assistive devices.