Epilepsy & seizure disorders decisions — 2024

The Veteran's appeal was dismissed due to their death during the pendency of the appeal.

The Veteran's service-connected epilepsy disorder is rated at 20 percent since March 12, 2015. Prior to this date, the claim was not granted.

The Veteran's claim for an earlier effective date for service connection of grand mal epilepsy is denied. The Board has also remanded the issue of entitlement to a higher initial rating for his seizure disorder.

The Board has denied service connection for a right shoulder disability and granted service connection for epilepsy. The denial is based on the lack of evidence showing an in-service injury or disease, while the grant is due to the Veteran's credible assertions and medical opinions indicating his current conditions are related to his active service.

Effective July 21, 2016, service connection for right upper extremity axonal neuropathy with tremors, left upper extremity axonal neuropathy with tremors, right lower extremity axonal neuropathy, and left lower extremity axonal neuropathy is granted.

The Veteran's right and left lower extremity sciatic nerve radiculopathy are granted as secondary to his service-connected thoracolumbar spine disorder. The issues of service connection for seizure disorder, headache disorder, obstructive sleep apnea, right upper and lower extremity peripheral neuropathy, and bilateral flatfoot remain pending.

The Veteran's claims for PTSD and SMC based on aid and attendance/housebound have been granted. The claim for service connection of a seizure disorder has also been granted, but the Board is remanding the issue of service connection for PTSD due to insufficient evidence.

The Veteran's claim for payment or reimbursement of unauthorized medical expenses incurred on September 27, 2020, at CHI Health Immanuel was denied because the claim was filed more than 90 days after the treatment and did not meet the eligibility requirements under VA regulations.

The reduction in rating from 40 percent to 10 percent for service-connected complex partial epilepsy, effective April 1, 2018, was improper and the 40 percent rating is restored.

The Board has determined that the Appellant does not have a current acquired psychiatric disorder, to include PTSD, and his seizure disorder is not service connected or secondary to a service-connected condition.

The Board has determined that the Veteran's epilepsy did not begin during service and was not aggravated by service, thus denying his claim for service connection.

The Veteran's adult child is recognized as a helpless child due to permanent incapacity for self-support prior to attaining age 18, based on medical evidence showing the child was unable to support himself financially due to a seizure disorder.

The Board denied service connection for a seizure disorder as there is no current diagnosis of the condition and the Veteran's claim was not supported by medical evidence.

The Board has remanded the claims for service connection for eczema, psychomotor epilepsy, rheumatoid arthritis, and Sjogren's disease due to Agent Orange exposure. The VA is required to provide additional etiology opinions regarding these conditions.

The Board has granted service connection for petit mal epilepsy as secondary to the Veteran's service-connected major depressive disorder and unspecified anxiety disorder.

The Veteran's rhinitis, seizure disability (temporal lobe epilepsy), migraine headaches, alcohol use disorder, opioid use disorder, cannabis use disorder, chronic fatigue syndrome, obstructive sleep apnea, eczema, and muscle and joint pain of the lower back, bilateral hands, feet, knees, and hips are all granted presumptively based on service in Southwest Asia. The Veteran's PTSD is also granted with an initial rating of 70 percent from May 21, 2014 to February 27, 2020.

The Veteran's TDIU claim for the period prior to May 30, 2018 is being remanded as there is insufficient evidence to determine if she is unemployable due to her service-connected disabilities. The AOJ must refer the case to the Director of Compensation Services for extraschedular consideration.

The Board has determined that the Veteran's claims for service connection for bilateral knee disability, residuals of brain aneurysm, seizure disorder, migraine headaches, scar over left eye, and surgical scar on top of head are not supported by evidence. The Board finds that there is no current medical opinion linking these conditions to service or a service-connected condition.

The Veteran's TBI has rendered him in need of regular aid and attendance, requiring hospitalization or nursing home care if not provided by his spouse. The Board granted a higher level of SMC(t) for the residuals of his TBI.

The Veteran's claim for an earlier effective date for service connection of generalized tonic clonic seizure associated with traumatic brain injury is denied as there was no prior claim or evidence of entitlement to this benefit.