Epilepsy & seizure disorders Board decisions

The Board has identified an AOJ error in reducing, severing, and discontinuing the Veteran's VA compensation benefits due to 'fraud' under a regulation that is not applicable to his claims. The issues are remanded for providing a summary of the relevant regulations and readjudicating the cases.

The Veteran's right hip, left hip, and right hand rheumatoid arthritis are not service-connected.,The Veteran's seizures are not service-connected.

The Board has dismissed the Veteran's appeals for service connection of multiple disabilities, including left shoulder disability, bilateral eye disability, neck disability, left knee disability, right knee disability, and seizure disability, due to the Veteran's death during the appeal process.

The Veteran's appeal is remanded for further development regarding his service-connected seizure disorder and TDIU claims.,Specifically, a VA examination is needed to determine the etiology of post-seizure symptoms.

The Veteran's brain lesion right side and seizures are granted as due to an undiagnosed illness related to her Persian Gulf service.

The Board denied service connection for epilepsy and schizoaffective disorder, finding no clear and unmistakable evidence of pre-service onset or continuous symptoms. The decision also noted that the Veteran served less than 90 days in active duty.

The Board has remanded the Veteran's claims for further development due to insufficient medical opinions regarding his exposure to toxic substances during service and their relationship to his current disabilities.

The Board has granted entitlement to special monthly compensation based on aid and attendance, but the issue of housebound status is moot due to this grant. The appeal for a higher rating for PTSD is remanded.

Your claim for service connection for epilepsy has been granted and you are now receiving a 40% rating effective March 28, 2022. The Board is dismissing the appeal because your claim has already been resolved in your favor.

The Veteran's claim for service connection for head injury residuals has been granted. The claims for higher ratings for lumbar and cervical spine disabilities, as well as the claims for unspecified osteoarthrosis and arthritis (excluding already service-connected conditions but including hands, wrists, elbows, and ankles), a disability to account for chronic pain, and a right shoulder disability have been remanded.

The Board has remanded the claims of service connection for bipolar disorder and seizure disability due to inadequate medical opinions. The Veteran's bipolar disorder may be related to her in-service military sexual trauma, but the examiner needs to clarify whether it is caused by or aggravated by PTSD. For the seizure disability, the examiner should determine if it was caused by a physical trauma during service.

The Board has granted the Veteran's request to reopen his claim for service connection for seizures and remanded the issues of service connection for TBI and an acquired psychiatric disorder. The claims are inextricably intertwined with the seizure claim.

The Veteran's diabetes mellitus and petit mal seizures are currently rated at the maximum available disability ratings. The Board has granted earlier effective dates for service connection of diabetic peripheral neuropathy left lower extremity, right lower extremity, and hypertension.

The Veteran is granted a 70 percent disability rating for major depressive disorder and cognitive disorder effective December 8, 2008. The Board found that his symptoms warranted this level of disability as of December 6, 2006.

The Veteran's claims for increased ratings and TDIU are being remanded due to the need for additional examinations and medical opinions.

The Board has found that there has not been substantial compliance with the March 2023 remand directives and has therefore ordered new VA examinations for the Veteran's claims of service connection for epilepsy, non-epilepsy seizure, respiratory disorder, and acquired psychiatric disorders.

The Veteran's claims for increased ratings and TDIU have been remanded due to the need for additional retrospective medical opinions regarding his service-connected depression and seizure disorder.

The Veteran has withdrawn all his appeals regarding the service connection claims for epilepsy, vision condition, migraine headaches, non-Hodgkin's lymphoma, lung cancer, right hip disability, neck disability, and back disability.

The Board has withdrawn the claim for left knee injury and granted service connection for an acquired psychiatric disorder. The remaining issues have been remanded due to outstanding records and need for further examination.

The Board has remanded the Veteran's claims for special monthly compensation based on aid and attendance and housebound status due to incomplete VA Form 21-4142a, missing private treatment records, and failure to notify the Veteran of the incompleteness. The AOJ is instructed to obtain any outstanding VA and non-VA treatment records.