Epilepsy & seizure disorders decisions — 2024

The Board has decided to remand the case due to duty-to-assist errors and inadequate medical opinions. The Veteran's sleep apnea is being reviewed again, with a focus on whether it is proximately due to or aggravated by his service-connected posttraumatic seizure disorder.

The Board has denied the Veteran's claims for service connection for a right arm disability (claimed as arthritis) and a seizure disorder, finding that there is no evidence of disease or injury in service or within one year following separation. The Board also found that continuity of symptomatology was not established.

The Veteran is in need of regular aid and attendance for the residuals of traumatic brain injury (TBI), including vertigo, seizure disorder, and migraines. In the absence of such regular aid and attendance, she would require hospitalization or other residential institutional care.

The Veteran's appeals for various conditions and a TDIU were dismissed due to his death during the appeal process.

The Board has decided to remand the Veteran's claims for increased ratings for generalized convulsive seizures and thymoma due to incomplete VA treatment records, inadequate examinations, and potential active cancer.

The Board has determined that additional development is needed to determine the nature and etiology of any Traumatic Brain Injury, Seizure Disorder, and Hypertension. The case is being remanded for further examination and opinion.

The Board has remanded the claims for atherosclerotic heart disease, lung disorder, seizure disorder, and essential tremor due to potential errors in duty-to-assist.,Obstructive sleep apnea was denied as not related to service.

The Veteran's TBI, benign essential tremor, complex partial seizure, headaches, other specified depressive disorder, and chronic maxillary sinusitis are all granted as service connected.,Service connection is established for these conditions on a direct basis for the TBI and secondary to it for the tremor, seizure, headache, and depressive disorders. Service connection is also granted for the sinusitis as secondary to facial fractures.

Your service connection claims for seizures and migraines have already been granted, so they are dismissed.

The Veteran's discharge was due to a service-connected disability, allowing her to receive the maximum rate of Chapter 33 educational assistance benefits (100%).

The Board has found that there have been procedural errors in obtaining the Veteran's private treatment records and in providing adequate VA examinations. As a result, the claims are being remanded for further development.

Your appeal has been dismissed due to the Veteran's death. The Board cannot issue a decision on your claims as they are no longer pending.

The Veteran's service-connected conditions, including right upper extremity radiculopathy with muscle atrophy, major depressive disorder, and other disabilities, have rendered him in need of regular aid and attendance due to his inability to dress or undress himself, prepare meals, attend to the wants of nature, and require assistance for driving. The Board has determined that SMC based on the need for regular aid and attendance is warranted.

The Veteran's claim for an earlier effective date for SMC based on housebound criteria is denied because the Veteran does not meet the requirements of having a single service-connected disability rated at 100 percent, or being permanently housebound by reason of disability or disabilities.

The Board has denied an increased rating for the Veteran's seizure disorder, currently rated at a 20 percent evaluation. The case is remanded due to insufficient development of the TDIU claim.

The Veteran's appeal for higher ratings for tonic-clonic seizures, adjustment disorder with mixed anxiety and depressed mood, and tension headaches has been denied. The Veteran was granted a TDIU rating.

Service connection is granted for tinnitus, traumatic brain injury (TBI), and seizure disorder. Service connection is also granted for right knee and left knee disorders characterized by painful limited motion.,The Veteran's conditions are presumed to be related to service due to documented in-service exposure and symptoms.

The Veteran's service-connected epilepsy and hearing loss disabilities rendered him in need of regular aid and attendance, qualifying for special monthly compensation (SMC) based on aid and attendance/housebound.

The Board has remanded several claims due to the need for additional evidence, including missing service treatment records and an inadequate medical opinion regarding a VA colonoscopy. The Veteran's right knee condition, low back problem, seizure disorder, depression (claimed as PTSD), sleep apnea, myositis, and narcolepsy are all under review.

The Veteran's seizure disorder was granted service connection on a presumptive basis as it manifested within one year of separation from service.