Epilepsy & seizure disorders decisions — 2021

The Veteran's appeal has been REMANDED for additional examinations and opinions regarding his service-connected conditions, including the nature of his seizure disorder, right ankle disability, OSA, and lower extremity nerve disabilities. The Veteran also needs to have their service connection claims for these conditions reconsidered.

The Board has decided to remand the case due to a duty-to-assist error that occurred prior to the February 2020 decision on appeal. The appellant's claim for benefits under 38 U.S.C. § 1805 and 38 C.F.R. § 3.814 for a child born with spina bifida must be remanded to correct this error.

The Veteran's claims for increased ratings for Systemic Lupus Erythematous and Psychomotor Seizures were denied as the evidence did not show functional impairment equivalent to frequent exacerbations or more than 9-10 minor seizures per week, which would warrant a higher rating.

The Veteran's generalized seizure disorder has been rated at 20 percent since June 2012. The Board is remanding the case to provide a VA examination and determine if his condition warrants restoration of the previously assigned 40 percent rating.

The Board denied the Veteran's claim for service connection for meningioma and residuals, to include seizures, finding that there was no evidence of a chronic disease shown as such in service or within the applicable presumptive period. The Board also found that the Veteran did not have continuity of symptomatology after service.

New and material evidence has been received to reopen the previously denied claim of service connection for lumbosacral strain.,The Veteran's PTSD is related to his military service. The examiner should provide an opinion on whether ED was aggravated by his acquired psychiatric disability.,Service connection is granted for PTSD, but no rating assigned as it is presumed due to in-service personal assault.

The Board has dismissed the claims of service connection for brain disorder and seizures as the Veteran withdrew his appeal prior to a decision being made.

The Veteran's service-connected disabilities have rendered him disabled to the extent that he requires regular aid and assistance of another person, warranting SMC based on the need for aid and attendance from August 7, 2014.

The Veteran withdrew his appeal regarding the seizure disorder claim, and the Board dismissed it.

Service connection for anxiety disorder NOS is granted.,The Veteran's claim for service connection for fibromyalgia is remanded due to insufficient evidence of a nexus between the condition and service. The RO must obtain an examination or medical opinion if necessary.,Compensation under 38 U.S.C. § 1151 for gastrointestinal disorder, to include bleeding, cramping, vomiting and bowel problems is remanded as there are pre-decisional duty to assist errors regarding the Veteran's allegations of mismanagement of his medications.,The Veteran's claim for compensation under 38 U.S.C. § 1151 for seizure disorder (also claimed as dizziness and whole body numbness) is remanded due to insufficient evidence of a nexus between the condition and service or VA treatment. The RO must obtain an examination or medical opinion if necessary.,Compensation under 38 U.S.C. § 1151 for heart disorder is remanded as there are pre-decisional duty to assist errors regarding the Veteran's allegations of mismanagement of his medications.,The Veteran's claim for compensation under 38 U.S.C. § 1151 for herniated discs in neck is remanded due to insufficient evidence of a nexus between the condition and service or VA treatment. The RO must obtain an examination or medical opinion if necessary.

The Board has remanded the claim for service connection for grand mal seizures due to insufficient medical opinion regarding secondary service connection.

The Board has granted a 40 percent disability rating for the Veteran's seizure disorder, finding that he experiences five minor seizures per week. The evidence does not preponderate against his claim.

The Veteran's initial evaluation for localization related epilepsy, idiopathic/complex partial secondarily generalized seizures is being remanded due to incomplete records from the state disability agency.

The Board has decided to remand the case due to inadequate medical opinions regarding the Veteran's arteriovenous malformation and its relation to service. The case will be returned for further examination.

The Board has remanded the case due to new evidence being added to the record, and the Veteran requested that his claim be reviewed by the AOJ.