Epilepsy & seizure disorders decisions — 2024

The Veteran's acquired psychiatric disability is granted a total evaluation, effective from June 29, 2016.,A 60 percent evaluation for seizure disorder is granted, effective from June 29, 2016.

The Board has remanded the claims for service connection due to errors in duty to assist and potential PACT Act considerations. The Veteran's seizure disorder may be related to his exposure at Camp Lejeune, but a new VA medical opinion is needed.

The Veteran's claims for a TDIU and eligibility for DEA under 38 U.S.C. Chapter 35 have been granted effective from February 27, 2012. The Board has dismissed the appeal as there are no longer any pending issues or controversies.

The Board has remanded the case for further development and consideration, including obtaining a VA medical opinion regarding service connection for cause of death and dependency and indemnity compensation under 38 USC 1151.

The Veteran's seizure disability is currently rated at 40 percent, but the Board finds that a higher rating is not warranted as there has been no more than one major seizure within the last six months or two seizures in the past year.

The Veteran's claim for an earlier effective date for SMC HB was denied as the evidence did not show that he met the criteria for SMC HB based on his service-connected disabilities and unemployability.

The Veteran's claim for an earlier effective date for service connection of seizure disorder was denied. The Board found that the earliest effective date possible, August 9, 2020, is not earlier than when the application was received.,The Veteran's claim for SMC based on need for aid and attendance due to her service-connected seizure disorder was granted.

The Veteran's acquired psychiatric disorder, PLMD, and non-epileptic seizures are all found to be related to her service. The claims for secondary service connection for PLMD and non-epileptic seizures are remanded.

The Board has remanded several rating reduction and severance decisions related to the Veteran's service-connected conditions, including TBI, PTDS, headache disability, and right eye disability. The issues include propriety of severing service connection for seizure disorder, reducing ratings, and discontinuing benefits.

The Veteran's claims for increased ratings and effective dates are being remanded due to the need for additional development, including obtaining private medical records and scheduling a VA examination.

The Board has decided to remand the claims for arteriosclerotic heart disease, hypertension, and a seizure disorder due to pre-decisional duty to assist errors. The Veteran's exposure to Camp Lejeune Contaminated Water is conceded, but the opinions from previous examiners did not consider this exposure or discuss the relationship between his conditions and service.

The Veteran's seizure disorder, facial numbness and tingling, and memory loss are all granted as service-connected.,After reviewing the evidence, including her service records and medical treatment history, the Board found that the Veteran experienced these conditions during or shortly after her active duty.

The Veteran's claims for increased ratings and TDIU are being remanded due to the need for additional VA treatment records and a review of his TDIU claim.

The Board has remanded the case due to an error in obtaining VA and private treatment records related to the Veteran's service-connected psychomotor epilepsy.

The Veteran's service-connected disabilities do not render him permanently bedridden or unable to care for his daily needs without requiring the regular aid and attendance of another person. He is not substantially confined to his house due to service-connected disabilities, nor does he have a single service-connected disability ratable at 100 percent along with other unrelated disabilities that combine to at least 60 percent.

The Veteran's service-connected tinnitus and panic disorder manifested by pseudoseizures and insomnia are found to cause his headaches, thus granting service connection for headaches as secondary to these conditions. The rating in excess of 70 percent for panic disorder is remanded, as is the earlier effective date and TDIU claim.

The Board has remanded the claims for left knee disability, seizure disorder, and related secondary service connection issues due to inadequate development of evidence and lack of adequate rationale in medical opinions.

The Veteran's TDIU claim is being remanded due to the inextricability of his service connection claims for arteriosclerotic heart disease, s/p stents implant, myocardial perfusion fixed inferior wall defect, hypertension, and seizure disorder. The appropriate remedy is to remand the TDIU claim pending resolution of these service connection claims.

The Veteran's limitations in performing activities of daily living are consistent with being unable to sustain in the community, and the Board has granted a Level 2 stipend under the PCAFC.

The Board has granted an effective date of August 16, 2021 for the Veteran's entitlement to special monthly compensation (SMC) based on aid and attendance due to his service-connected disabilities. The decision is based on medical records indicating that the Veteran required assistance with daily care from August 16, 2021.