Epilepsy & seizure disorders decisions — 2025

The Board granted an effective date of March 6, 2023, for the award of service connection for tonic-clonic seizures or grand mal epilepsy.

The Board remands the claims for service connection for thyroid cancer status post thyroidectomy, cerebral meningioma, schwannoma tumor and residuals of gamma knife procedure, and seizures due to a need for additional development under the Sergeant First Class Heath Robinson Honoring our Promise to Address Comprehensive Toxics Act (PACT Act).

The Board denied service connection for epilepsy, bilateral detached retina (previously rated as blurred vision), cervical spine condition, and migraine headaches. However, it granted service connection for hypertension and earlier effective dates for lumbar spine disability, left lower extremity sciatic nerve radiculopathy, right lower extremity sciatic nerve radiculopathy, and PTSD.

The Veteran was granted special monthly compensation (SMC) based on the need for regular aid and attendance, but SMC at a higher level of aid and attendance pursuant to 38 U.S.C. § 1114(t) was denied.

The Board granted earlier effective dates for the increased rating of a seizure disorder, TDIU, DEA benefits, and SMC based on housebound status.

The Board remands the service connection claims for carotid artery stenosis, cerebral aneurysm, constipation, epilepsy, and hypertension to correct a pre-decisional duty-to-assist error.

The Board granted readjudication of the claim for service connection for a seizure disability due to new and relevant evidence being received, while remanding the claims for obstructive sleep apnea.

The Board denied a higher rating for TBI, an earlier effective date for TDIU and DEA benefits, and remanded service connection for seizure disorder.

The Board denied increased ratings for partial complex seizures, TBI, and lymphedema of the right and left lower extremities, as well as effective dates prior to December 19, 2012, for total disability rating due to individual unemployability (TDIU), special monthly compensation based on housebound criteria, and eligibility for Dependents' Educational Assistance under 38 U.S.C. chapter 35.

The Board granted an earlier effective date of June 4, 2015 for special monthly compensation (SMC) based on the need for aid and attendance.

The Board denied the Veteran's appeal to restore a 40 percent rating for his service-connected epilepsy, finding that there was an actual improvement in his condition as it pertains to his ability to function under ordinary conditions of life and work.

The Board granted an effective date of September 26, 2021, for the award of an initial 100 percent rating for seizures and related benefits.

The appeal was dismissed due to the Veteran's death while it was pending.

The Board denied service connection for various disabilities, including a low back disability, neck disability, nerve damage of the neck, back, and hip, liver cirrhosis, stroke, migraines, ovarian disability, heart disability, seizure disorder, and right ear disability.

The Board granted an initial rating of 80 percent for tonic clonic seizures, resolving reasonable doubt in the Veteran's favor.