Epilepsy & seizure disorders decisions — 2000

The Board has determined that the veteran's claim for a rating in excess of 20 percent for his service-connected seizure disorder is well grounded. The RO increased the evaluation to 10 percent effective September 15, 1975, based on a liberalizing law.

The veteran's multiple service-connected disabilities, including Crohn's disease and organic personality syndrome, prevent him from successfully pursuing vocational rehabilitation and becoming gainfully employed.

The Board has granted a 100 percent rating for the veteran's seizure disorder, effective from September 30, 1992. The claim for higher SMC based on need for regular aid and attendance of another person is also granted.

The veteran's need for regular aid and attendance due to his disabilities has been established, resulting in the grant of special monthly pension based on this need.

The Board denied the veteran's claim for service connection for a seizure disorder, finding that there was no evidence of a chronic condition during or within one year after service and concluding that any seizures were due to substance abuse.

The Board found no medical evidence linking the appellant's current seizure disorder to his military service and denied his claim for service connection.

The Board found that the appellant's current memory deficits and seizure disorder are not related to his military service, but rather may be due to pre-existing conditions or excessive alcohol consumption.

The service-connected traumatic encephalopathy and its residuals were found to have contributed substantially or materially to the veteran's death, which was caused by severe cardiomyopathy. The Board granted service connection for the cause of the veteran's death.

The Board found that the veteran's last seizure occurred in September 1993, and his current condition does not meet the criteria for a 60 percent evaluation. The claim for an increased evaluation was also denied.

The veteran's disabilities, including post-traumatic encephalopathy with major motor seizures and schizophrenia, prevent him from achieving a vocational goal due to his history of chronic unemployment.

The veteran's claim for service connection for residuals of a head injury, to include a seizure disorder and dementia is well-grounded. The Board finds that the veteran has presented evidence sufficient to meet the requirements of establishing a well-grounded claim.

The veteran's claim for an evaluation in excess of 10 percent for undiagnosed partial complex type seizures is denied as he has not experienced any major or minor seizures since at least September 1995.

The Board has reopened the veteran's claim for service connection for a seizure disorder due to new and material evidence submitted since the October 1994 decision. The Board also found that the claim is well grounded, as there is reasonable medical opinion linking the veteran's current seizure disorder to head trauma sustained during service.

The veteran's appeal is about his current and past evaluations for seizures due to head trauma. The RO needs to schedule a Travel Board hearing before the RO, review the claim, and then determine if the requested ratings are appropriate.

The Board has determined that new and material evidence has been submitted to reopen the veteran's claim for service connection, but it is unclear if the current conditions are related to his in-service head injury.