Epilepsy & seizure disorders Board decisions

The Board has determined that the veteran's seizure disorder began during service and is related to his in-service exposure, granting service connection for this condition.

The Board found that the veteran's service-connected focal type seizure disorder did not warrant a rating higher than the current 40 percent, as his seizures were predominantly minor and infrequent.

The Board denied the veteran's claim for an earlier effective date for TDIU due to service-connected PTSD, as it was not factually ascertainable that he was unemployable prior to May 12, 1992.

The Board denied the claim of service connection for the cause of death due to metastatic adenocarcinoma of the brain, which was not related to service. The other significant conditions contributing to death were seizure disorder/atriial fibrillation.

The veteran's claims for service connection were denied. The RO considered additional medical records but did not consider them in conjunction with the issues on appeal.

The Board granted the appellant's claim for service connection for grand mal epilepsy effective from September 21, 1993. However, the RO later reopened his claim and assigned a new effective date of March 1, 2002.

The Board has determined that there is new and material evidence to support the reopening of the veteran's claim for service connection for a seizure disorder and a neurological disorder secondary to exposure to DDT. However, further review is needed as additional evidence was submitted after the SSOC but before the case was transferred to the Board.

The Board found that the VA medical care did not cause an additional seizure disorder, and thus denied the claim under 38 U.S.C.A. § 1151.

The Board denied the veteran's claim for a rating in excess of 20 percent for his seizure disorder, finding that there was not sufficient evidence to support an increased rating based on major or minor seizures.

The veteran's failure to report for a scheduled VA medical examination without good cause resulted in the denial of his claim for nonservice-connected pension benefits.

The Board denied the veteran's claim for an earlier effective date of August 5, 1998, for his total rating based on individual unemployability due to a seizure disorder. The veteran had no service-connected disability prior to this date and was not entitled to consideration of a total rating for compensation based upon individual unemployability.

The Board denied service connection for the cause of the veteran's death and lung cancer for accrued benefits purposes, finding no causal relationship between any incident of service and the veteran's death or lung cancer.

The veteran's service-connected seizure disorder is manifested by an average of 9 to 10 minor seizures per week, warranting a 60 percent evaluation.

The Board found that the veteran's service-connected PTSD did not substantially or materially contribute to his death. The cause of death was determined to be nosocomial pneumonia, which began many years after service and was not caused by or incident to his service-connected conditions.

The Board finds that the evidence serves to show that the veteran as likely as not has a separately ratable disability manifested by idiopathic seizures which had its onset in service. By extending the benefit of the doubt to the veteran, the Board grants service connection for idiopathic seizures.

The veteran's claim for a permanent and total disability rating for non-service-connected pension purposes was denied as he failed to report for scheduled VA examinations.

The Board has denied the veteran's claims for service connection for residuals of a head injury and seizure disorder, finding that there was no increase in severity during active service or within the first post-service year.

The veteran's unauthorized medical expenses incurred for a private neurologist visit were denied as the treatment was not shown to be emergent and VA facilities were available.

The Board denied the appellant's petition to reopen his claims for service connection for back, inguinal hernia, psychiatric, and seizure disabilities due to lack of new and material evidence.

The veteran's psychogenic seizure disorder is granted as secondary to his service-connected low back disorder. The issues regarding increased evaluation for residuals of fracture of the left clavicle and total rating for compensation purposes based on unemployability are pending.