Epilepsy & seizure disorders Board decisions

The Veteran's syncopal episodes and seizures are not considered to be the result of VA care, as they were not caused by any fault or foreseeable event.

The Board has reopened the Veteran's claim for service connection for a seizure disorder and granted it, finding that new evidence received since the prior denial supports the claim. The Veteran's active duty was not in Vietnam, thus precluding eligibility for nonservice-connected pension benefits.

The Board has denied the claim for an effective date earlier than April 4, 2007 for the grant of service connection for a seizure disorder due to the finality of the prior denial and the receipt of the claim to reopen on April 4, 2007.

The Board has reopened the Veteran's claims for service connection for bilateral hearing loss, an acquired psychiatric disorder (including posttraumatic stress disorder), and a chronic seizure disorder. The evidence submitted since the previous decisions is both new and material.

The Board found no evidence of current normal pressure hydrocephalus, petit mal seizures, organic brain syndrome, or dementia related to service. The Veteran's conditions are not considered service-connected.

The Board found that the VA's failure to refill a Lorazepam prescription caused an acute breakthrough seizure and subsequent thoracic spine injury, finding this was due to carelessness and error in judgment. The appellant is granted benefits under 38 U.S.C.A. § 1151.

The Board denied service connection for seizures, chronic low back disorder, heart disorder, and ulcerative colitis. The Veteran's claims were based on his assertions of in-service jeep accidents and exposure to Agent Orange, but the evidence did not support these claims.

The Board has determined that the Veteran's seizure disorder is a residual of brain injury sustained during service, and thus grants service connection for this condition.

The Veteran's appeal has been dismissed due to his death. The Board had no jurisdiction to adjudicate the merits of his claims as he died during the pendency of this appeal.

The Board has denied the Veteran's claims for an initial rating in excess of 10 percent for his seizure disorder and service connection for residuals of a traumatic brain injury, finding that there is insufficient evidence to support these claims based on the current record.

The Board has denied the Veteran's claims for service connection for seizure disorder, sleep apnea, and GERD. The evidence does not support a finding of current diagnoses or a link to service.

The Veteran's son was found to be permanently incapable of self-support at 18 years old due to his mental and physical disabilities, but the claim is not reopened as new evidence does not raise a reasonable possibility of proving the claim.

The Board denied the Veteran's claims for service connection, effective dates, and compensation under 38 U.S.C.A. § 1151 due to lack of new and material evidence.

The Veteran's seizure disorder was initially rated at 10 percent from August 21, 2002 to June 1, 2005 and is not entitled to an increased evaluation during this period.

The Board has determined that new and material evidence has been received to reopen the Veteran's claim of service connection for a seizure disorder, which was previously denied in June 2007.

The Board found that the earliest date as of which an increase in disability had occurred for epilepsy was October 13, 2004. Therefore, the effective date for a 100 percent rating for epilepsy is set at this date.

The Board has remanded the case for additional development, including a VA examination to assess the current severity of the Veteran's myoclonic epilepsy and whether it prevents him from obtaining gainful employment. The TDIU claim will be referred to the Director of Compensation and Pension for consideration.

The Veteran's appeal regarding the initial rating for seizure disorder was denied. The claims of CUE in the December 1991 and April 2004 rating decisions were also denied.

The Veteran's service-connected seizure disorder, numbness and paresthesia of the left lower extremity, and paresthesia of the left hand have been granted increased ratings to 40 percent effective April 13, 2004.

The Board has determined that the Veteran's seizure disorder and hypertension were not incurred in or aggravated by active military service, and may not be presumed to have been incurred in service. As such, the claims for service connection are denied.