Epilepsy & seizure disorders Board decisions

The Veteran received emergency medical care for a skull fracture and subdural hematoma on February 11, 2020. The Board found that the treatment was related to an emergent condition due to a service-connected seizure disorder, and thus granted payment for non-VA care.

The Board has remanded the case due to a need for an opinion on whether a reasonable healthcare provider would have reasonably foreseen the risk of an air embolus resulting in cerebrovascular accident and generalized tonic-clonic seizure following the Veteran's June 2011 bronchoscopy with biopsy.

The Board has denied the claim for SMC based on aid and attendance or housebound status due to the Veteran's service-connected PTSD. The case is being remanded to obtain a VA opinion addressing whether the Veteran needed regular aid and attendance or was housebound as a result of his PTSD, and if so, whether it was related to his service-connected PTSD.

The Board has found that the Veteran's claims for an increased rating for his seizure disorder and TDIU are remanded due to pre-decisional duty to assist errors, including failing to obtain updated private treatment records and scheduling a VA examination.

The Board has remanded the case due to lack of substantial compliance with its previous directives and a need for another medical opinion regarding the Veteran's conditions.

The Veteran's TDIU is granted due to his service-connected stroke, which precludes him from securing or following substantially gainful employment.

The Veteran's son, D.D., was denied recognition as a helpless child due to insufficient evidence showing he became permanently incapable of self-support prior to turning 18.

The Veteran's claim for service connection for PTSD, bilateral hearing loss, GERD, epilepsy, traumatic brain injury, and tremors has been granted. The effective date for the grant of service connection for PTSD is set at May 4, 2012. A TDIU due solely to PTSD was granted as of May 1, 2022. Service connection for other conditions remains pending.

The Board has remanded the case due to a Joint Motion for Remand (JMR) issued by the Veteran's representative and the VA Office of the General Counsel. The JMR requested that the Board address the issue of SMC based on the need for regular aid and attendance, including evidence provided during the December 2021 hearing where the Veteran's spouse stated he cannot be around bodies of water without being reminded.

The Veteran's initial compensable disability rating for migraine headaches is denied.,Service connection for pseudo-seizures is also denied.

The Board dismissed the Veteran's claims of service connection for hearing loss, tinnitus, asthma, an acquired psychiatric disorder (PTSD), epilepsy, and a neck disability due to his withdrawal at the July 2023 hearing. The Veteran's asthma was found to have existed prior to service and not aggravated by service.

The Veteran's asthma, which was service-connected on December 18, 2006, is now rated at 60 percent from that date. The decision also denied the claim for a total disability rating based on individual unemployability due to incarceration.

The Board has determined that more development is necessary before final adjudication of the claims on appeal, including scheduling VA examinations for the Veteran's service-connected major depressive disorder and her claimed low back, bilateral hip, right knee, and seizure disorders.

The Veteran's seizure disorder was granted service connection as secondary to a pre-existing condition, while his heart disability claim was denied.

The Veteran's service-connected seizure disorder, right ankle disability, and psoriasis result in the need for regular aid and attendance of another to keep himself clean, attend to his needs, and protect him from daily hazards. The Board granted special monthly compensation effective September 12, 2017.

The claims for service connection are being remanded due to the need for additional development regarding the Veteran's exposure history and etiology of his seizure disorder, fatigue, headaches, and psychiatric condition.

The Board has remanded the claims of service connection for an acquired psychiatric disorder and a seizure disorder due to further development being required. The issues are inextricably intertwined as the diagnosis of psychogenic non-epileptic seizures is linked to psychological disorders.

The Board has remanded several issues related to the Veteran's service connection claims, including PTSD, left ear hearing loss, foot conditions, cervical and lumbar spine conditions, sleep apnea, TBI, headaches, and seizures. The Veteran was not provided with a VA examination for his feet or headaches, and additional records are needed regarding an accident in Tennessee.

The Board has denied service connection for stroke residuals, seizures, sleep apnea, and a traumatic brain injury (TBI) due to lack of evidence linking these conditions to the Veteran's active service. The claim for psychiatric disorder is remanded as there was an error in failing to provide a VA examination.

The Veteran's appeal for a higher disability rating for her seizures has been withdrawn by the appellant, resulting in the dismissal of the appeal.