Epilepsy & seizure disorders Board decisions

The Board has decided to remand the case due to a duty to assist error, including failing to obtain relevant medical records and provide a VA retrospective medical opinion.

The Board has remanded the case due to a lack of an opinion on whether service-connected conditions contributed substantially or materially to the cause of death. The examiner is asked to provide opinions regarding aggravation by service-connected disabilities.

The Veteran's overpayment of VA compensation benefits was denied due to the termination of apportionment following his divorce from the Appellant.

The Veteran's claim for SMC based on the need for aid and attendance prior to December 15, 2021 was denied as there is no evidence showing he required regular aid and assistance due to his service-connected disabilities.

The Veteran's initial compensable rating for his headache disorder is denied due to the lack of characteristic prostrating attacks.,The Veteran's seizure disorder receives a 20 percent initial disability rating, but no higher, based on at least one major seizure in the two years prior to the period on appeal.

The Board denied service connection for right knee septic arthritis, seizures, hypertension, and diabetes mellitus as the evidence did not support a finding of a nexus between these conditions and the Veteran's military service. The left knee condition was remanded for further development.

The Board denied a rating in excess of 40 percent for epilepsy and a rating in excess of 20 percent for back disability, but granted a total disability rating based on individual unemployability (schedular TDIU) from October 23, 2019.

The Board has remanded the claims for service connection for memory loss and epilepsy, as well as the claim for TDIU due to a pre-decisional duty to assist error in failing to obtain an examination and opinion. The Veteran's current disabilities include asthma with pleural scar cardiophrenic sulci and sleep apnea (50 percent disabling), hearing loss (10 percent disabling), tinnitus (10 percent disabling), and epilepsy.

The Veteran's appeal was dismissed due to their death during the pendency of the appeal. The Board cannot issue a decision on the underlying claims at this time.

The Board has decided to remand the case due to insufficient medical evidence to decide if the Veteran's seizure disorder is related to his service-connected PTSD. The VA examiner's opinion was inadequate and does not provide a clear answer on whether the seizures are secondary to PTSD or aggravated by it.

The Veteran withdrew his appeals regarding several disability ratings and eligibility issues, leading to their dismissal.

The Board has determined that the Veteran's claims for service connection for tinnitus, seizures, and TBI are remanded due to insufficient opinions regarding secondary service connection. Additional VA examinations and medical opinions are needed.

The Board has remanded the case due to insufficient medical opinions regarding whether the seizure disorder is related to herbicide agent exposure or secondary to service-connected coronary artery disease.

The Board has denied the Veteran's claims for service connection for high cholesterol, back disability, pulmonary granulomas, sleep apnea, COPD, Crohn's disease, headaches, heart disability, seizure disorder, myoclonic jerk disorder, and rhinitis due to a lack of evidence linking these conditions to his active service.

The Board has granted the Veteran's application for specially adapted housing due to his service-connected disabilities that affect his mobility and require a wheelchair and assistive devices.

The Veteran's acquired psychiatric disability is granted a total evaluation, effective from June 29, 2016.,A 60 percent evaluation for seizure disorder is granted, effective from June 29, 2016.

The Board has remanded the claims for service connection due to errors in duty to assist and potential PACT Act considerations. The Veteran's seizure disorder may be related to his exposure at Camp Lejeune, but a new VA medical opinion is needed.

The Veteran's claims for a TDIU and eligibility for DEA under 38 U.S.C. Chapter 35 have been granted effective from February 27, 2012. The Board has dismissed the appeal as there are no longer any pending issues or controversies.

The Board has remanded the case for further development and consideration, including obtaining a VA medical opinion regarding service connection for cause of death and dependency and indemnity compensation under 38 USC 1151.

The Veteran's seizure disability is currently rated at 40 percent, but the Board finds that a higher rating is not warranted as there has been no more than one major seizure within the last six months or two seizures in the past year.