Epilepsy & seizure disorders decisions — 2020

The Board has determined that the Veteran's claims file is incomplete, specifically missing documents related to his March 2012 claim for benefits and July 2013 Waiver of Review. The VA must attempt to obtain these documents or provide a formal finding memorandum of unavailability.

The Board has remanded the case due to insufficient evidence regarding whether the Veteran's seizure disorder arose in service. A new VA examination is needed.

The Veteran's service-connected PTSD is rated at 100 percent disabling, and he is already receiving special monthly compensation (SMC) based on housebound status. Therefore, the criteria for TDIU prior to February 19, 2013, have not been met.

The Board has remanded the case due to inadequate compliance with a previous remand directive and will require an expert VA medical opinion regarding the nature and likely cause of the Veteran's seizure disorder, including its relation to service-connected concussion.

The Board found no evidence to support a current diagnosis of a head injury with seizures and concluded that the Veteran's symptoms are not causally related to his military service.

The Veteran's claims for service connection for cancerous inoperative brain tumor and seizure disorder as secondary to the brain tumor are both denied. The Board found no evidence of ionizing radiation exposure during service, and there is insufficient evidence to support a finding that the current conditions are related to service.

The Veteran's service connection for residuals of a traumatic brain injury (TBI), including a seizure disorder, is granted. The Board also remanded several other issues related to the Veteran's service-connected TBI and its residuals.

The Board has granted an initial rating of no more than 40 percent for the Veteran's seizure disorder, effective September 18, 2002. The Veteran is entitled to this higher rating as his seizures have been found to approximate the criteria for a 40 percent disability rating.

The Veteran's epilepsy, grand mal, was rated at 60 percent prior to January 15, 2020 and remains at that rating. A TDIU due to service-connected disabilities is granted prior to this date.,A disability rating in excess of 60 percent for epilepsy, grand mal, from January 15, 2020, was denied.

The Board has remanded the case due to an inadequate May 2018 VA examination, which did not consider the Veteran's seizure logs. The case will be returned for further review and a new examination.

The Board denied the Veteran's claims for service connection for residuals of a traumatic brain injury and special monthly compensation based on the need for aid and attendance or housebound status. The Board found that there was no evidence to support the Veteran's assertions regarding in-service TBI, and his current meningioma and seizure disorder are not related to active service.

The Veteran's obstructive sleep apnea is granted as secondary to his service-connected cerebral sarcoidosis with partial seizures and arthralgia, due to post-service weight gain/obesity attributable to the service-connected condition.

The Board found that the Veteran's epilepsy disability is adequately compensated by the assigned ratings, and thus denied a claim for an increased rating on an extraschedular basis.

The Veteran's dementia/seizure disorder is granted as service connected, with the Board finding it at least as likely as not related to his military service. The cervical spine disorders are remanded for further development and opinion.

The Board denied service connection for a neurological disorder and an acquired psychiatric disorder, finding that the Veteran's conditions did not begin during service or are otherwise related to in-service events. The Board noted that there was no evidence of symptoms or diagnoses related to these conditions while the Veteran was on active duty.