Epilepsy & seizure disorders decisions — 2023

The claims for service connection are being remanded due to the need for additional development regarding the Veteran's exposure history and etiology of his seizure disorder, fatigue, headaches, and psychiatric condition.

The Veteran's appeal for a higher disability rating for her seizures has been withdrawn by the appellant, resulting in the dismissal of the appeal.

The Board has decided to remand the case due to new evidence showing that the Veteran's current seizure disorder may have begun during active duty, which could affect the decision on severance of service connection.

The Board has denied service connection for stroke residuals, seizures, sleep apnea, and a traumatic brain injury (TBI) due to lack of evidence linking these conditions to the Veteran's active service. The claim for psychiatric disorder is remanded as there was an error in failing to provide a VA examination.

The appeal regarding seizure disorder is dismissed. Service connection for OSA and TBI are granted, but the MDD rating is remanded.

The Board has granted a 40 percent disability rating for epileptic seizures, grand mal from June 1, 2017 to April 30, 2018. The Veteran's epilepsy is rated under the General Rating Formula for Major and Minor Epileptic Seizures.

The Board has remanded the claims for service connection due to insufficient development of evidence regarding the etiology of the Veteran's seizure disorder and dizziness. The Veteran is seeking service connection for these conditions, which are currently not service-connected.

The Board has remanded four claims for service connection due to the need for additional evidence. The Veteran's dental implants, glaucoma, coronary arteriosclerosis, and seizure disorder are all being reviewed on their merits.

The Board has remanded the issue of whether the appellant's character of discharge from his military service constitutes a bar to VA benefits, excluding health care benefits under Chapter 17. The appeal is pending and will be addressed in a separate decision.

The Board found that the reduction from 100 percent to 40 percent for seizure disorder secondary to oligodendroglioma was improper and restored the Veteran's 100 percent rating effective August 1, 2021.

The Board has remanded the issues of service connection for high cholesterol, peripheral arterial occlusive disease (claimed as muscle cramps, pain in legs, and trouble with holding and gripping items), hypertension, diabetes mellitus, seizure disorder, and cataracts due to outstanding VA treatment records. The Veteran's spouse testified that he received treatment at a VA clinic in Greeneville, Mississippi, and there was no indication of such records being obtained.

The Board has denied service connection for bilateral hearing loss and remanded the issue of service connection for seizures/essential tremors due to insufficient evidence.

The Board denied a rating in excess of 10 percent for malunion or nonunion of the mandible and denied service connection for a seizure disorder. The Veteran's jaw disability was rated as moderate, and her seizure/syncopial episode was attributed to medication changes rather than a neurological disorder.

The Board has dismissed the claims for service connection for residuals of traumatic brain injury and epilepsy, as the appellant died during the appeal process.

The Board denied the appellant's claim for recognition as a helpless child due to permanent incapacity for self-support prior to attaining 18 years of age, finding that the evidence did not support such a determination.