Epilepsy & seizure disorders decisions — 2005

The Board finds that the veteran's posttraumatic seizure disorder is causally related to his service-connected skull fracture, and grants service connection for this condition.

The veteran's claims for reopening service connection for psychiatric disability, seizure disorder with amnesia, headache disorder, and back disability are being remanded due to the need to obtain additional evidence from Social Security Administration.

The case is being remanded for further development, including a clarifying opinion from the June 2004 VA examiner regarding whether the veteran's seizure disorder was caused by or permanently aggravated by his service-connected malaria and/or PTSD.

The case is REMANDED to the RO for compliance with VCAA requirements and for additional development of evidence related to service connection claims.

The Board denied the veteran's claim for an increased rating for his seizure disorder, finding that it did not meet the criteria for a higher disability rating.

The Board found that the veteran's claims of service connection for primary alcoholism, head injury, bilateral hearing loss, and seizure disorder were not supported by evidence sufficient to establish a link between his current conditions and his military service.

The Board found no evidence of a chronic seizure disorder during service or within one year of discharge, and the available medical evidence does not establish a relationship between the veteran's claimed seizures and her service-connected migraine headaches.

The Board denied the petition to reopen the claim for service connection for a seizure disorder, finding that no new and material evidence had been presented. The veteran's claim was previously denied in 1989 on the basis of lack of evidence of epilepsy during or within one year after his service.

The veteran's appeal is being remanded for additional development of his medical records and to clarify the basis of his Social Security Administration disability benefits.

The veteran's seizure disorder was previously rated at 40 percent, but the RO reduced it to 10 percent effective July 1, 2004.

The Board has determined that the veteran's service-connected epilepsy contributed to his cause of death, and thus grants service connection for the cause of the veteran's death.

The veteran's appeal is being remanded for additional development and compliance with the Veterans Claims Assistance Act of 2000 (VCAA).

The Board of Veterans' Appeals has denied the veteran's claim for an increased rating for her seizure disorder, as there is no evidence showing that she meets the criteria for a higher evaluation under the applicable schedular criteria.

The Board has reopened the veteran's claim for service connection for a seizure disorder and found that new and material evidence had been submitted. The VA examiner provided an opinion linking the current seizure disorder to the veteran's history of head injury during military service, which is considered presumptive under VA regulations.

The Board has reopened the claim of service connection for a seizure disorder and granted it, finding that new evidence supports the veteran's contention that he developed seizures during service. However, as the appellant is seeking accrued benefits, which are limited to cases where the condition manifests within one year after discharge, the claim cannot be granted due to the lack of such manifestation.