Epilepsy & seizure disorders decisions — 2010

The Veteran's unauthorized medical expenses incurred from May 16, 2004, through May 26, 2004 were reimbursed due to the severity of his psychiatric condition and the lack of available VA facilities for transfer.

The Board has determined that the Veteran's psychiatric condition, including bipolar disorder and seizure disorder, including symptoms such as loss of consciousness, were not incurred in or aggravated by active service.

The Board has remanded the case due to the appellant not accepting a videoconference hearing, and it is now required to schedule an in-person hearing at the RO.

The Board has remanded the case for additional development, including obtaining medical records from Robins Air Force Base and healthcare providers who have treated the Veteran's daughter, P., to determine if she was permanently incapable of self-support by reason of mental or physical defect at age 18.

The Veteran's claims for service connection were denied across multiple conditions, including psychiatric disorder, recurrent upper gastrointestinal bleeding, hypertension, post-concussion syndrome, bronchitis, transitional lumbar vertebra, neck strain, and seizure disorder. The appeals are based on direct service connection rather than presumptive or secondary theories.

The Veteran's headaches and seizures are found to be related to his service, with the headaches being attributed to atypical migraine and the seizures to tonic clonic seizures. The VA has granted service connection for these conditions.

The Board has remanded the case for further evidentiary development, including obtaining VA treatment records from September 2007 to the present.

The Veteran's unauthorized medical expenses for treatment at Desert Regional Medical Center from November 23, 2007 to November 25, 2007 are now covered by VA as the emergency services were provided in a hospital emergency department and delay would have been hazardous to life or health.

The Board found that the Veteran does not have degenerative disc disease of the lumbar spine related to his military service and denied his claim. The issue of seizure disorder is addressed in the REMAND portion.

The Veteran's death was not caused by a service-connected disability, and the appellant is denied DIC benefits under 38 U.S.C.A. § 1318 or 38 U.S.C.A. § 1151.

The Board has granted a higher rating of 30 percent for migraine headaches, effective from November 3, 2004. The Veteran's claims for service connection for an acquired psychiatric disorder (to include bipolar disorder), seizure disorder, a right knee disability, and fibromyalgia are remanded due to the need for additional development.

The Veteran's pituitary chromophobe adenoma with panhypopituitarism, sterility, headaches, and residuals of TBI with residual seizure are all rated at the maximum schedular evaluations. The Veteran does not meet criteria for a higher rating under any diagnostic codes.

The Board has remanded the case due to an inadequate March 2006 VA opinion and a need for a new medical opinion regarding whether the Veteran's neurofibromytosis was aggravated by his military service.

The Veteran's prostate disorder and seizure disorder were not incurred or aggravated by active duty service. The Board found no evidence linking these conditions to his period of service.

The Board has denied the Veteran's claims for service connection for epilepsy or a seizure disorder and an increased rating for conjunctivitis with dry eyes. The claim for bilateral hearing loss disability is pending.