Epilepsy & seizure disorders Board decisions

The Veteran's claim for an earlier effective date for SMC HB was denied as the evidence did not show that he met the criteria for SMC HB based on his service-connected disabilities and unemployability.

The Veteran's claim for an earlier effective date for service connection of seizure disorder was denied. The Board found that the earliest effective date possible, August 9, 2020, is not earlier than when the application was received.,The Veteran's claim for SMC based on need for aid and attendance due to her service-connected seizure disorder was granted.

The Veteran's acquired psychiatric disorder, PLMD, and non-epileptic seizures are all found to be related to her service. The claims for secondary service connection for PLMD and non-epileptic seizures are remanded.

The Board has remanded several rating reduction and severance decisions related to the Veteran's service-connected conditions, including TBI, PTDS, headache disability, and right eye disability. The issues include propriety of severing service connection for seizure disorder, reducing ratings, and discontinuing benefits.

The Veteran's claims for increased ratings and effective dates are being remanded due to the need for additional development, including obtaining private medical records and scheduling a VA examination.

The Board has decided to remand the claims for arteriosclerotic heart disease, hypertension, and a seizure disorder due to pre-decisional duty to assist errors. The Veteran's exposure to Camp Lejeune Contaminated Water is conceded, but the opinions from previous examiners did not consider this exposure or discuss the relationship between his conditions and service.

The Veteran's seizure disorder, facial numbness and tingling, and memory loss are all granted as service-connected.,After reviewing the evidence, including her service records and medical treatment history, the Board found that the Veteran experienced these conditions during or shortly after her active duty.

The Veteran's claims for increased ratings and TDIU are being remanded due to the need for additional VA treatment records and a review of his TDIU claim.

The Board has remanded the case due to an error in obtaining VA and private treatment records related to the Veteran's service-connected psychomotor epilepsy.

The Veteran's service-connected disabilities do not render him permanently bedridden or unable to care for his daily needs without requiring the regular aid and attendance of another person. He is not substantially confined to his house due to service-connected disabilities, nor does he have a single service-connected disability ratable at 100 percent along with other unrelated disabilities that combine to at least 60 percent.

The Veteran's service-connected tinnitus and panic disorder manifested by pseudoseizures and insomnia are found to cause his headaches, thus granting service connection for headaches as secondary to these conditions. The rating in excess of 70 percent for panic disorder is remanded, as is the earlier effective date and TDIU claim.

The Board has remanded the claims for left knee disability, seizure disorder, and related secondary service connection issues due to inadequate development of evidence and lack of adequate rationale in medical opinions.

The Veteran's TDIU claim is being remanded due to the inextricability of his service connection claims for arteriosclerotic heart disease, s/p stents implant, myocardial perfusion fixed inferior wall defect, hypertension, and seizure disorder. The appropriate remedy is to remand the TDIU claim pending resolution of these service connection claims.

The Veteran's limitations in performing activities of daily living are consistent with being unable to sustain in the community, and the Board has granted a Level 2 stipend under the PCAFC.

The Board has granted an effective date of August 16, 2021 for the Veteran's entitlement to special monthly compensation (SMC) based on aid and attendance due to his service-connected disabilities. The decision is based on medical records indicating that the Veteran required assistance with daily care from August 16, 2021.

The Veteran's claim for service connection for migraines and a compensable rating for partial complex seizure disorder from October 9, 2013 to November 15, 2021 is granted. The effective date for both claims is set at October 9, 2013.

The Veteran's claim for a higher rating for lumbar degenerative disc disease is denied. The Board finds that the evidence does not support an increase in disability ratings beyond 10 percent.,Service connection for TBI with memory loss and psychomotor epilepsy (complex partial seizures and temporal lobe seizures) is remanded as there are issues of fact to be resolved regarding their relationship to service.

The Veteran's appeals for service connection for transient ischemic attacks and recurrent sleep disability to include sleep apnea have been dismissed. The Board has also remanded the issues of rating in excess of 40 percent for head trauma residuals with craniotomy residuals with hardware placement, a cognitive disorder, and headaches prior to September 23, 2019; rating in excess of 70 percent for PTSD on and after September 23, 2019; and rating in excess of 10 percent for partial complex seizures.

The Veteran's seizure disorder, which includes epilepsy, is granted as service connected due to its onset during active service and presumed service connection.

The Board has remanded the Veteran's claims for service connection for seizures and headaches due to pre-decisional failures of the duty to assist, including inadequate examinations and failure to obtain relevant records.