Epilepsy & seizure disorders decisions — 2009

The Board has determined that new and material evidence has not been received to reopen the appellant's claim of service connection for a seizure disorder, as his claim was previously denied in August 1977 without appeal. The current evidence does not provide sufficient information to substantiate the claim.

The Board has determined that new and material evidence has not been submitted to reopen the claim of service connection for a seizure disorder. The Veteran's representative argued that the seizures may be secondary to his service-connected diabetes mellitus, but this was not considered new and material evidence.

The Board has determined that the Veteran's seizure disorder is related to a head injury sustained during service, and thus grants service connection for this condition.

The Veteran's seizure disorder is not considered to be caused by VA treatment, and the Board found that there was no evidence of negligence or fault on the part of VA in providing care.

The Veteran's claims for service connection were denied on the merits, and his requests for increased ratings and TDIU were also denied. The case is remanded to issue a SOC regarding the claim of entitlement to automobile and adaptive equipment or adaptive equipment only, schedule a Travel Board hearing at the RO, and otherwise complete the development requested in the November 2007 remand.

The Veteran's appeal has been dismissed due to his death.

The Board has granted service connection for the Veteran's diagnosed grand mal epilepsy, finding that it represents an incurred disability during his active military service.

The Veteran's claims for increased ratings and service connection were denied. The left radius disability is rated at 10 percent, the acquired psychiatric disorder was not incurred in service or due to a presumptive condition, sinusitis with septal deformity was not related to service, back and neck spasms and seizures with facial numbness are not related to service, double hernia with stomach muscles deformity were not related to service, and asbestos-related disease and bilateral shoulder disability were also denied.

The Board found that the evidence submitted since the November 1984 RO decision does not relate to an unestablished fact necessary to substantiate the claim for service connection for cause of death and is therefore not material. As a result, the application to reopen the claim was denied.

The Board has determined that additional development of the evidence is required to properly address the Veteran's claims for service connection for residuals of a head injury and seizures as a result of a head injury. This includes obtaining missing service treatment records, personnel records, and VA medical records; providing proper VCAA notice regarding ACDUTRA and INACDUTRA periods of service; scheduling the Veteran for a VA examination to determine the nature and extent of his current seizures; and readjudicating the claims in light of any additional evidence obtained.

The Veteran's status-post craniotomy for a brain tumor and postoperative infections with residual seizures, headaches, asymmetrical hearing loss, left extremity paralysis, hair loss, skin damage, head lump, sutures, scars, discoloration and deformed skull was incurred in active service.

The Board denied the Veteran's application to reopen his claim for service connection for a seizure disorder due to lack of new and material evidence.

The Veteran's claim for an automobile and adaptive equipment is being remanded due to the need for additional evidence, including medical records from private physicians.

The Veteran's claim for an evaluation in excess of 60 percent for myoclonic epilepsy was denied by the Board, as there is no evidence that he has averaged more than one major seizure every four months during a year.

The Board has determined that the Veteran's currently diagnosed bipolar disorder and partial-complex seizure disorder are not related to her military service, leading to a denial of these claims.