Epilepsy & seizure disorders decisions — 2009

The Board denied the Veteran's claims of service connection for bilateral eye disorder, residuals of dental trauma, and seizure disorder. The evidence did not support a finding that any current conditions were related to his military service.

The Board denied service connection for a seizure disorder, PTSD, and low back disorder as the evidence did not establish these conditions were incurred or aggravated by military service.

The Board denied the Veteran's claims for service connection for pectus excavatum, coronary artery disease (CAD), and a myocardial infarction to include as secondary to pectus excavatum. The claim for seizure disorder was also denied. Service connection is not granted due to lack of evidence showing a nexus between any current disability and service.

The Veteran's claims for service connection for seizure disorder, headaches, and left eye condition are denied as there is no current evidence of these conditions.

The Board determined that the declaration of forfeiture of eligibility for VA benefits under the provisions of 38 U.S.C.A. § 6103(a) against the Veteran was not proper, and thus the Veteran's appeal to remain eligible for VA benefits is granted.

The Veteran is seeking an evaluation in excess of 10 percent for his service-connected seizure disorder from October 2006. The case has been remanded due to the need for additional medical records and a VA examination.

The Board has determined that the Veteran's seizure disorder is due to a condition that was incurred in service, and thus grants service connection for this disability.

The Board denied the Veteran's claims of service connection for psychiatric disorders and seizure disorder, finding no current disability or disease due to spina bifida occulta. The claim was also denied as new and material evidence had not been received to reopen the claims.

The Veteran's service-connected seizure disorder and migraine headaches were granted, with the seizure disorder receiving a higher initial evaluation of 40 percent effective July 26, 2004, and 20 percent effective February 1, 2005. The Veteran's claim for an increased rating for his migraine headaches remains pending.

The Veteran's appeal was dismissed due to his death, and the Board has no jurisdiction to adjudicate the merits of this claim.

The Board has determined that there is no competent medical evidence of a current diagnosis of a seizure disorder, and thus service connection for febrile seizures, claimed as convulsions, is not established.

The Veteran's claim for an earlier effective date for the grant of service connection for PTSD was denied. The Board found no CUE in the April 1980 rating decision denying service connection for psychomotor epilepsy, and thus, the March 1994 rating decision granting service connection for PTSD with a January 3, 1994 effective date is not subject to revision based on CUE.

The Board has granted the Veteran's request to reopen her claim of service connection for seizure disorder, and a VA examination is needed to determine if her condition was aggravated during service.

The Veteran's death was caused by a liver disorder, not related to his service-connected seizure disorder. The Board found no evidence linking the liver condition to the seizure disorder.

The Board denied the Veteran's claims for service connection for a seizure disorder, residuals of a right rib fracture, and a compensable initial rating for hemorrhoids. The Veteran did not have an increase in her pre-existing seizure disorder during active military service, and there is no evidence of permanent aggravation.