Epilepsy & seizure disorders decisions — 2021

The Board has granted reconsideration of the Veteran's claims for service connection for seizure disorder and psychoneurotic disorder, but has also remanded these issues due to the need for additional development.

The Board denied service connection for left-side residuals from a stroke with intracranial aneurysm, headaches, and seizure disorder as secondary to service-connected traumatic brain injury.

The Board has ordered further development due to inconsistencies in the Appellant's marital status and incomplete medical records. The case is being returned for these actions.

The Veteran's migraines associated with TBI are granted a 30 percent rating, effective August 5, 2021. The left knee patellofemoral syndrome is granted a separate 10 percent rating for painful limitation of extension from July 26, 2021. Other issues and conditions remain unresolved.

The Board has remanded the case due to several issues, including a need for a new TBI examination and an evaluation of whether the Veteran's current back disability is related to his service-connected seizures.

The Board has remanded the Veteran's claims for service connection for a bilateral eye disability and traumatic brain injury (TBI) residuals due to incomplete records and the need for further medical examination.

The Board has decided to remand the claims for a low back disability, an acquired psychiatric disability, and seizures due to insufficient medical opinions regarding their etiology. The VA must obtain additional treatment records and provide new medical opinions.

The Veteran's TBI-related disabilities, including seizures and mental health issues, are rated at separate levels. The rating for Traumatic Brain Injury is denied as the symptoms do not meet criteria for a higher rating. A separate 10 percent rating is granted for seizures associated with TBI, and a 50 percent rating is granted for mental health disability associated with TBI.

The Board has denied an increased rating for generalized epilepsy and has remanded the issue of service connection for left eye injury, which is claimed as secondary to service-connected generalized epilepsy. The Veteran's left eye disability may be related to his use of medications for his service-connected conditions.

The Board has denied an initial disability rating greater than 20 percent for complex partial seizures and a compensable disability rating for swallowing difficulty. The issues of increased ratings for migraine headaches and TDIU are being remanded.

The appeals for service connection for congestive heart failure and a seizure disorder (claimed as epilepsy) have been dismissed due to the death of the appellant during the appeal process.

The Board has remanded the case to determine if the appellant's preexisting seizure disorder was aggravated during his service.

The Board denied the Veteran's claims for service connection for anemia, hypertension, seizure disorder, and insomnia due to Agent Orange exposure as there was no evidence of these conditions in service or within one year after service. The VA examiners found that the disabilities were not related to service or Agent Orange exposure.

The Veteran's claim for SMC based on the need for aid and attendance is remanded due to insufficient evidence regarding his functional impairment associated with his service-connected disabilities, including PTSD, pseudoseizures, obstructive sleep apnea, and right ankle disability.

The Veteran's claim for an effective date prior to August 2, 2016, for the award of a total disability rating based on individual unemployability (TDIU) is granted. The Board also remanded the issue of entitlement to increased evaluation for migraines on an extraschedular basis only.