Epilepsy & seizure disorders Board decisions

The Veteran's Parkinson’s disease is granted service connection as it is related to his active duty service. However, the non-epileptic seizures are not found to be secondary to or caused by his service-connected TBI.

The Board has granted service connection for a psychiatric disability and a seizure disorder, finding that the Veteran's conditions are related to his military service.

The Board has remanded the case due to insufficient development of evidence regarding whether the Veteran's service-connected left ankle degenerative joint disease caused his 1998 fall from a tree resulting in a traumatic brain injury and seizure disorder.

The Veteran's death was not caused by a service-connected disability, and the appeal for service connection on this basis is denied.

The Veteran's scar disability, left fibula fracture, right tibia fracture, and right femur fracture are all denied prior to specific dates. The lower back disorder service connection is remanded. TDIU due to service-connected disabilities is also remanded.,Seizures have not met the criteria for higher ratings since September 23, 2019.

The Board has ordered the case back to the AOJ for additional development, including obtaining addendum opinions from a VA examiner regarding whether the Veteran's hypothyroidism, temporal lobe epilepsy, and hypertension are aggravated by his service-connected diabetes mellitus. The AOJ is also directed to schedule the Veteran for a VA eye examination in accordance with procedures for incarcerated veterans.

The Veteran's seizure disorder, hypertension, and stroke are found to be related to his in-service meningitis. The claims for these conditions have been granted.

The Veteran's claim for a disability rating of 50 percent for concussion with headaches from April 23, 2015 to January 17, 2018 is granted. The issue of service connection for seizure disorder is remanded.

The Veteran's claims for service connection have been denied. The Board found no new and material evidence to reopen the claims of bilateral hearing loss, tinnitus, PTSD, and undiagnosed Gulf War illness. Service connection was granted for an acquired psychiatric disorder (anxiety) but not for hypertension, stroke residuals, OSA, or headaches.

The Board has remanded the Veteran's claims for service connection and increased rating for postoperative residuals of lung abscess with COPD, as well as his claim for TDIU due to incomplete medical opinions provided in previous examinations. The case is being returned to the RO for further development.

The Veteran's claim for service connection for a sciatic disorder is dismissed as the condition is already included in the residuals of stroke granted service connection and awarded a 100 percent disability rating.,Service connection for kidney stones is denied due to lack of evidence showing that the condition began during active service or was related to an in-service injury or disease.,The Veteran's claim for an initial rating greater than 60 percent for incontinence is denied as he is already receiving the highest available rating based on his disability.,Service connection for dermatitis is denied because the Veteran does not have more than 40% of exposed areas affected, and systemic therapy is not required.,The Veteran's claim for an initial rating greater than 10 percent for seizures is granted as he meets the criteria for moderate incomplete paralysis of a nerve.,Service connection for slurred speech is denied because it does not meet the criteria for a separate disability.

The Veteran's appeals for service connection for left leg, right leg, mouth, low back, and upper back disabilities have been dismissed.,The Veteran's appeal for service connection for an acquired psychiatric disorder (including PTSD) has been remanded. The appeal for service connection for seizures, to include on a secondary basis, has also been remanded.

The Board has denied service connection for left hand CMC joint arthritis, back disorder, skin disorder (psoriasis), anxiety disorder, right ankle disorder, gastroesophageal reflux disease (GERD), and seizure disorder due to lack of evidence linking these conditions to the Veteran's military service.,Further examination is needed to address the etiology of the Veteran’s current diagnoses.

The Board has remanded the case due to incomplete records and will review the service connection for epilepsy again.

The Board has remanded the Veteran's claims for increased ratings due to the need for a contemporaneous VA examination and consideration of additional medical records.

The Board has dismissed the Veteran's claims for service connection for duodenal and gastric ulcers, chronic B-12 deficiency with liver enzyme disorder, diabetes mellitus, an acquired psychiatric disorder (claimed as PTSD, schizoaffective mood disorder, bipolar type, and pain disorder due to psychological and general medical conditions), a skin disorder (recurring back cysts), fibromyalgia, hyperlipidemia, a neurological disorder (to include waist-down paralysis, seizures, blackouts, neuropathy, and Morton’s neuroma), arthritis, hypertension, a thyroglossal duct cyst, and T10-11 spinal osteophyte and degenerative disc disease with muscle pain spasm and lower back-leg weakness (thoracolumbar spine disorder).

The Veteran's seizure disorder was initially rated at 20 percent prior to January 5, 2016. The Board found that the evidence did not meet the criteria for a higher rating due to insufficient frequency of seizures.

The Veteran's brain tumor is a radiogenic disease and the AOJ should ensure all proper development has been conducted in accordance with VA regulations regarding radiation exposure. If a positive dose estimate is obtained, an opinion will be provided by the Under Secretary for Benefits to determine if it is at least as likely as not that the Veteran's brain tumor resulted from exposure to ionizing radiation during service.

The Veteran's seizure disability and adjustment disorder with depressed mood are not rated higher than the current assigned ratings due to lack of evidence supporting more severe impairment.

The Veteran's low back condition is denied as not related to service.,An initial compensable rating for emphysema is denied due to non-compensable FEV-1/FVC levels.