Epilepsy & seizure disorders decisions — 2004

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.

The Board has reopened the appellant's claim of service connection for a seizure disorder due to new and material evidence submitted since the final July 1989 rating decision.

The veteran's death was due to hypertensive arteriosclerotic cardiovascular disease. At the time of his death, he had service-connected disabilities rated at 90 percent combined evaluation. The Board found that DIC benefits under 38 U.S.C.A. § 1318 were not met as the veteran did not meet the criteria for a 100% total rating due to service-connected disability continuously for ten years prior to death or five years from discharge.

The Board has determined that no new and material evidence was submitted to reopen claims for service connection for an acquired psychiatric disorder, hypertension, or seizure disorder. The claims were denied as the provided evidence did not present a reasonable possibility of allowing the claim.

The Board has granted a 10 percent rating for the seizure disorder effective from November 21, 1995. The veteran now seeks an increased rating.

The Board denied the appellant's claims for service connection for a left foot disorder secondary to his service-connected thrombophlebitis, and for seizure disorder (PTSD) secondary to his service-connected hearing loss. The claim for total disability rating based on individual unemployability due to service-connected disabilities was also denied.

The Board found that new and material evidence had been received to reopen the claim of service connection for a seizure disorder, which was previously denied in August 1977. The veteran's seizure disorder is presumed to have existed prior to his military service.

The Board denied service connection for residuals of a head injury including a seizure disorder and also denied reopening the claim for service connection for headaches. The veteran's pre-existing history of headaches was not shown to have been aggravated by service.

The Board has determined that new and material evidence has been submitted to reopen the claims for service connection for a seizure disorder and a chronic acquired psychiatric disorder. The case is now remanded for further action.

The Board has received notification from the appellant that they wish to withdraw their appeal, and thus the appeal is dismissed.

The Board has determined that new and material evidence has not been submitted to reopen the veteran's claim of entitlement to service connection for a seizure disorder. The claim remains denied.

The veteran's appeal of the assigned rating for his seizure disorder continues. The RO granted service connection for a disability described as 'seizure disorder secondary to severe hyponatremia with sensitivity to heat, light, and noise' and assigned a 10 percent rating, effective from August 2000. In an August 2002 decision, the RO changed the rating to 20 percent.

The veteran is seeking service connection for a seizure disorder, which he claims was caused by his service-connected malaria and PTSD. The Board has determined that further development is needed to determine the nature and etiology of any seizure disorder present.

The veteran seeks service connection for residuals of a cervical spine fracture, including epilepsy/seizures, spinal injuries and paralysis. The RO denied the claim because the injury was determined to be due to his own willful misconduct.

The Board denied the application to reopen the claim for service connection for a seizure disorder, finding that new and material evidence had not been submitted.