Epilepsy & seizure disorders Board decisions

The Board has reopened the veteran's claim for service connection for residuals of a head injury due to new evidence showing current headaches. However, the Board found that these symptoms are not related to his military service.

The Board denied service connection for a seizure disorder, finding that the veteran did not have a current diagnosis of this condition and that any seizures he experienced were due to his mental health issues during service.

The Board found that the veteran's seizure and resulting injuries were not caused by negligence or fault on the part of VA, and thus denied his claim for compensation under 38 U.S.C.A. § 1151.

The Board denied the veteran's claims for increased ratings for seizure disorder and right cerebral arachnoid cyst, finding that the evidence did not warrant a higher rating under the applicable VA rating criteria.

The veteran's seizure disorder with left internal carotid artery arteriovenous malformation, postoperative, is currently rated at 80 percent since April 23, 1996.

The Board denied the veteran's claims for service connection for a seizure disorder with migraine and paroxysmal headaches, as well as his claim for emphysema due to asbestos exposure. The reasons were that there was no evidence of such conditions in service or within one year post-service.

The Board found that the veteran's death was not caused by any service-connected disability and denied both his claim for service connection for cause of death and his DIC under 38 U.S.C.A. § 1318.

The veteran's claim for special monthly compensation due to need of aid and attendance or housebound status is being remanded for further evaluation, including a VA examination. The issue of secondary service connection for injuries sustained in 2001 is also being addressed.

The Board has determined that new and material evidence has not been received to reopen the veteran's claims of service connection for PTSD, low back pain, hearing loss, and residuals of exposure to Agent Orange (including seizure disorder and heart disorders).

The Board has determined that the appellant meets the eligibility requirements for financial assistance in purchasing an automobile or other conveyance and necessary adaptive equipment due to his service-connected disabilities.

The Board has found that new and material evidence has been submitted to reopen the veteran's claim of service connection for a seizure disorder, which was previously denied in September 1994.

The veteran's seizure disorder has deteriorated since his last examination in February 2002. The Board finds that further development of the record is necessary to determine the current severity and frequency of the veteran's seizures.

The Board denied the veteran's claims for service connection for PTSD and nonservice-connected pension due to a lack of competent medical evidence showing current diagnosis of PTSD.

The Board denied the veteran's claims for service connection for rheumatoid arthritis, seizure disorder, and diabetes mellitus as secondary to exposure to Agent Orange in service. The evidence did not support a link between these conditions and his military service.

The veteran's service-connected disabilities, including traumatic encephalopathy and skull defect, prevent him from securing or maintaining substantially gainful employment. The Board has determined that a total disability rating for compensation purposes based on individual unemployability is warranted.

The Board has remanded the case for additional development, including obtaining records of treatment from the VA Medical Center in Memphis and copies of the Social Security Administration's decision.

The Board has received notification from the appellant that they wish to withdraw their appeal, thus dismissing the case.

The Board found that the veteran's service-connected epilepsy did not cause or contribute to his death from progressive chronic lymphatic leukemia. The Board concluded that the seizures were a result of the veteran's lymphocytic leukemia, rather than his epilepsy.

The Board found that the veteran's seizure disorder did not meet the criteria for a rating in excess of 20 percent, as there was no evidence of at least one major seizure in six months or two major seizures per year.

The veteran is seeking a higher rating for his anxiety disorder and also claims there was clear and unmistakable error in the July 1959 rating decision denying service connection for epilepsy or a seizure disorder. The case must be remanded to obtain additional VA treatment records, clarify the veteran's claims regarding CUE and reopening of the service connection claim, and ensure compliance with Veterans Claims Assistance Act of 2000.