Epilepsy & seizure disorders decisions — 2024

The Veteran's claim for service connection for migraines and a compensable rating for partial complex seizure disorder from October 9, 2013 to November 15, 2021 is granted. The effective date for both claims is set at October 9, 2013.

The Veteran's claim for a higher rating for lumbar degenerative disc disease is denied. The Board finds that the evidence does not support an increase in disability ratings beyond 10 percent.,Service connection for TBI with memory loss and psychomotor epilepsy (complex partial seizures and temporal lobe seizures) is remanded as there are issues of fact to be resolved regarding their relationship to service.

The Veteran's appeals for service connection for transient ischemic attacks and recurrent sleep disability to include sleep apnea have been dismissed. The Board has also remanded the issues of rating in excess of 40 percent for head trauma residuals with craniotomy residuals with hardware placement, a cognitive disorder, and headaches prior to September 23, 2019; rating in excess of 70 percent for PTSD on and after September 23, 2019; and rating in excess of 10 percent for partial complex seizures.

The Veteran's seizure disorder, which includes epilepsy, is granted as service connected due to its onset during active service and presumed service connection.

The Board has remanded the Veteran's claims for service connection for seizures and headaches due to pre-decisional failures of the duty to assist, including inadequate examinations and failure to obtain relevant records.

The Veteran's claims for service connection for TBI, seizure disorder, craniectomy, and stroke disability have been granted. However, the claims for craniectomy and stroke disability are being remanded.,A new and relevant medical opinion has established a link between the Veteran's in-service boxing matches and his current diagnoses of TBI and seizure disorder.

The Veteran's service connection claims for PTSD, TBI, craniotomy, orbital fracture, facial and scalp scars, radial nerve injury, shrapnel injuries, loss of smell, seizures, right wrist injury, and tinnitus are granted. Additionally, the Veteran is awarded Special Monthly Compensation (SMC) for anatomical loss of the left eye.

The Veteran withdrew his appeals for increased ratings and service connection for bilateral hearing loss, migraines, and seizure disorder. The appeal is dismissed.

The Veteran's service-connected seizure disability and bilateral shoulder disabilities have prevented him from securing or following substantially gainful employment since March 1996. The Board has granted an effective date of June 15, 2015 for the assignment of a total disability rating based on individual unemployability (TDIU).

The Board has granted an effective date of June 1, 2018 for a 40 percent disability rating for epilepsy. Prior to this date, there was no evidence of seizures or service connection.

The Veteran's claims for various disabilities, including hypertension, headaches, pseudoseizures, right and left hand neuropathy, bilateral hearing loss, tinnitus, and TDIU are being remanded due to the failure to appear for scheduled VA examinations. The Board finds good cause for missing the appointments.

The Board has remanded the claims of service connection for a seizure disorder and total disability due to individual unemployability (TDIU) as they are inextricably intertwined. The Veteran's seizure disorder is related to her military service, but there is no clear and unmistakable evidence that it was not aggravated by service.

The Board has remanded the claims of service connection for stroke and seizure disorder as secondary to stroke due to a failure to obtain all relevant private treatment records, particularly those from March 2007 when the Veteran was on INACDUTRA. The AOJ is instructed to attempt to obtain these records.

The Veteran's claimed conditions, including lower back fractures, spinal cord injury, BLE weakness, cellulitis, and seizures, are not deemed to be the result of VA care or treatment. The Board finds that there is no additional disability due to VA care.

The Board has determined that the VA examination reports are inadequate and remands the case for a new examination to determine if the appellant's seizure disorder is related to service.

The Veteran's helpless child claim was denied due to the evidence showing S.P. is gainfully employed and no medical evidence of a seizure disorder. The Board has ordered remand for further action, including obtaining S.P.'s medical records regarding her seizure disability.

The Veteran's petit mal and grand mal epilepsy are rated at 40 percent, which is the maximum rating available under the applicable criteria. The Veteran's posttraumatic stress disorder is granted a 70 percent rating, reflecting significant impairment in occupational and social functioning.

The Board has remanded the claims of service connection for seizure disorder and stroke/cva, as well as the claim for special monthly compensation based on aid and attendance. The Veteran's seizure disorder and stroke/cva are being examined to determine if they are related to his service-connected psychiatric disability.

The Veteran's seizure disorder is granted as service connected. The claims for GERD, blood clots in the lungs and legs, and restless leg syndrome are remanded.

The Veteran's brain tumor, diagnosed as meningioma, is granted service connection on a direct basis.,The Veteran's epilepsy, diagnosed as Jacksonian simple partial seizures, is granted service connection secondary to his brain tumor.