Epilepsy & seizure disorders decisions — 2010

The Veteran is entitled to special monthly pension benefits due to his nonservice-connected disabilities and age over 65, meeting the criteria for housebound status.

The Veteran's appeal is being remanded for further development, including VA examinations to assess the severity of his service-connected seizure disorder and whether he has migraines that are related to or aggravated by his seizure disorder.

The Board found that new and material evidence had not been received to reopen the Veteran's claim for service connection for brain seizures with residual unconsciousness, convulsion, amnesia, and disorientation. The claim was considered on its merits but no rating or effective date was assigned.

The Veteran is seeking to have his daughter recognized as a helpless child for VA benefits purposes. The Board has ordered the retrieval of SSA disability benefit records and related medical evidence, as these may be relevant to the claim.

The Board found that the Veteran does not have a current heart condition, seizure disorder, tinnitus, lung disorder, or diabetes mellitus that is service-connected. The evidence did not support a finding of in-service injury or disease for any of these conditions.

The Board found that the Veteran's seizure disorder was not incurred in or aggravated by service, and may not be presumed to have been incurred or aggravated therein.

The Board has determined that the Veteran's need for regular aid and attendance of another person is established, based on his multiple disabilities including seizure disorder, hypertension, diabetes, chronic renal insufficiency, degenerative disc disease, sleep apnea, narcolepsy, and diabetic neuropathy. As a result, SMP benefits are granted.

The Board has determined that the Veteran's claims for service connection for a brain aneurysm/stroke and seizure disorder are remanded due to inadequate medical opinions regarding whether these conditions are related to his service-connected skull fracture with concussion and/or headaches. The case will be returned to the Board after new evidence is provided.

The Board has granted service connection for a low back disorder and increased the rating for epilepsy to 20 percent, effective October 22, 2008.

The Veteran's appeal is being remanded for additional development, including scheduling VA examinations and obtaining medical records.

The Veteran's death was not service-connected, and he did not meet the criteria for DIC under 38 U.S.C.A. § 1318.

The Veteran's claims for service connection and increased rating were denied. The Board found no evidence of a heart disability, seizure disorder, or respiratory condition related to service or herbicide exposure.

The Veteran's claim for service connection for residuals of a head injury, including seizures, is being remanded due to insufficient evidence and the need for further medical examination.

The Veteran's seizure disorder has been rated at 100 percent, the maximum allowed by law, due to frequent major seizures.

The Veteran's seizure disorder was rated at 30 percent from October 13, 1972 to November 21, 1974. From May 22, 1976 onwards, the disability is not entitled to a rating greater than 10 percent.