Epilepsy & seizure disorders decisions — 2006

The Board has determined that new and material evidence has not been received to reopen any of the veteran's service connection claims for various disabilities, all claimed as due to herbicide exposure.

The Board found that the appellant's seizure disorder is not related to his military service, as there was no evidence of a head injury or other condition in service. The claim for service connection was denied.

The Board found that the cause of the veteran's death (respiratory failure due to COPD) was not service-connected, and the appellant did not provide evidence linking her husband's service-connected conditions to his death.

The Board denied the veteran's claims for service connection for major depression/nervous disorder, hepatitis, ischemic heart disease with hypertension (claimed as a heart condition), and grand mal seizures. The claim to reopen a claim for post-traumatic disc and joint disease of the lumbar spine was also denied.

The Board denied the veteran's claims for an increased rating for major motor seizures and for an earlier effective date for TDIU.

The Board has determined that the veteran's claims of service connection for tinnitus, PTSD, and seizure disorder are denied as there is no competent medical evidence to support these claims.

The Board has determined that the appellant's seizure disorder preexisted his entrance into service and was not aggravated during his brief period of active duty for training. Therefore, service connection is denied.

The Board has remanded the case for additional development due to outstanding VA records and new claims raised by the veteran.

The Board has determined that the veteran's seizure disorder and abdominal pain are not related to his military service or presumed exposure to herbicides. The right knee disorder is found to be aggravated by service, while the cervical spine disorder is not shown to have been incurred in service.

The Board found that the veteran's seizure disorder did not warrant a rating in excess of 10 percent prior to November 20, 2003. For the period since November 20, 2003, the evidence does not meet the criteria for a higher than 20 percent rating.

The Board has determined that the veteran's seizure disorder is related to his in-service head trauma, and thus grants service connection for this condition.

The Board dismissed the veteran's motion for CUE because he did not clearly and specifically set forth alleged errors of fact or law in the February 5, 2004 decision.

The Board has denied the veteran's claims for service connection for arteriosclerotic heart disease, a groin disorder, residuals of cerebrovascular accident, and seizure disorder. The evidence does not support a finding that these conditions are proximately due to or aggravated by his service-connected thrombophlebitis.

The Board denied service connection for a seizure disorder, finding that the veteran's documented seizure during service was due to medication and not indicative of a current condition. The other claims were either granted or remanded.

The Board has remanded the case due to incomplete records and a need for further examination.