Epilepsy & seizure disorders Board decisions

The veteran's claim for a special monthly pension based on the need for regular aid and attendance from another person was denied as he is not blind, in a nursing home, or unable to perform his daily activities without assistance.

The Board has determined that the veteran's claims for service connection for various conditions, including spinal injury with cervical spur and lumbar arthritis, cervical spine radiculopathy, viral syndrome, hyperlipidemia, bilateral leg cramps, weight gain from reduced physical mobility, concussion, dizziness, seizures and cerebral vascular accident, throat disability (trouble swallowing), disability of the abdomen and viscera, and bilateral foot disability were denied due to lack of evidence supporting these claims.

The Board found that the veteran does not have a current diagnosis of residuals of a head injury (other than headaches), seizure disorder, or organic disability manifested by blackouts. Therefore, service connection for these conditions is denied.

The veteran's epilepsy was rated at 100 percent prior to August 20, 2004 and since then. The Board found that the disability from grand mal epilepsy warranted a 100 percent rating in both periods.

The Board has remanded the case for further development due to scheduling issues, including rescheduling a video conference hearing.

The veteran's appeal involves multiple secondary service connection claims for various disabilities, including sleep apnea, chronic fatigue syndrome, upper respiratory infection disability, erectile dysfunction, and periodontitis. The case is being remanded to obtain Social Security Administration records and to readjudicate the issues.

The Board denied the veteran's request to reopen his previously denied claim of service connection for grand mal epilepsy, finding that new and material evidence had not been obtained.

The Board has determined that an effective date earlier than April 23, 2002, for a 100 percent rating for seizure disorder is denied.

The veteran's service-connected schizophrenia does not meet the criteria for special monthly compensation based on need for regular aid and attendance of another person or being housebound.

The Board found that the preponderance of evidence does not support a finding that the veteran received a head injury while on active duty, thus denying service connection for residuals of a head injury.

The veteran's service-connected conditions have been rated at the maximum schedular evaluations, and no higher ratings are warranted.

The Board found that the appellant's seizure disorder was not incurred in or aggravated by active service, may not be presumed to have been so incurred or aggravated, and has not been shown to be proximately due to, the result of, or aggravated by a service-connected disease or injury.

The Board has determined that new and material evidence has been submitted to reopen the veteran's claim for service connection for residuals of head trauma, but further development is needed before the merits of the case can be decided.

The veteran's claims for service connection of seizures, high blood pressure (hypertension), and depression have been denied. The RO has assigned a 20 percent evaluation for the right thumb disorder since May 1983 under Diagnostic Code 5224.

The Board found that the veteran knowingly submitted fraudulent medical evidence in support of his claim, leading to a forfeiture of all rights, claims, and benefits under VA laws.

The veteran's appeal was denied for the requested increased ratings and effective dates. The maximum rating of 10 percent for bilateral tinnitus is assigned, and there are no legal grounds to grant a higher rating.

The veteran's daughter, who was permanently incapable of self-support due to her epilepsy and injuries from a car accident at the age of 18, is recognized as a helpless child for purposes of death benefits.

The Board found that the veteran's seizure disorder did not have its onset during service or within one year of separation, and is not otherwise etiologically related to his active service. Therefore, the claim for service connection for a seizure disorder was denied.

The Board has remanded the case for additional development, including obtaining VA treatment records and scheduling examinations to determine the nature, extent, and likely etiology of the veteran's gastrointestinal disorder, seizure disorder, and left ear hearing loss.

The Board has granted service connection for a psychiatric disorder, finding that it is related to the veteran's period of active duty training (ACDUTRA) in May 1993. Service connection was denied for a seizure disorder.