Epilepsy & seizure disorders decisions — 2018

The Veteran's claim for service connection for a seizure disorder, claimed as secondary to head trauma sustained in service, is being remanded due to the need for additional development and an examination.

The Veteran's epileptic seizure disorder is rated at 40 percent, but the Board has granted an 80 percent rating throughout the appeal period based on her average of one major seizure in three months over a year.

The Board denied the Veteran's claims for compensation under 38 U.S.C. § 1151 for epilepsy, ischemic subdermal hematoma, left temporal scar, and supraventricular arrhythmia/atriial fibrillation due to a lack of evidence showing fault on the part of VA in providing care.,The Board found that the Veteran's conditions were not proximately due to or the result of carelessness, negligence, lack of proper skill, error in judgment, or similar instance of fault by VA.

The Board has remanded the claims for service connection for a brain tumor, seizures, and right ear hearing loss due to exposure to contaminated water at Camp Lejeune. The claims are being returned for further development.

The Board has remanded several issues related to the Veteran's traumatic brain injury, including separate compensable ratings for various associated conditions. The examination is needed to clarify whether these conditions are residuals of the service-connected traumatic brain injury and to determine their severity.

The Board denied service connection for neck disability, back disability, bilateral hip disability, and brain tumor (including seizure disorder and anosmia) due to lack of evidence showing these conditions were incurred or aggravated during active duty service. The presumption of exposure to contaminated water at Camp Lejeune was applied, but the Veteran did not have a compensable degree of arthritis within one year after separation from service.

The Board has remanded the case due to insufficient information regarding whether a service-connected condition caused or contributed to the Veteran's death. The appellant is seeking service connection for cause of death, and additional development is needed.

The Board has remanded the cases for additional development to determine if the Veteran's insomnia, voiding dysfunction, erectile dysfunction, brain damage or memory problems are residuals of his CVA. The left upper extremity condition and seizure disorder associated with the CVA will also be evaluated in more detail.

The Board denied the Veteran's claims of service connection for various conditions, including a right ankle disorder, speech impediment, PTSD, an acquired psychiatric disorder (including anxiety), and seizure disorder. The appeals were not granted as new and material evidence was not submitted to reopen these claims.

The Board has determined that further development is needed to determine the etiology of the Veteran's epilepsy, including whether his service-connected migraine headaches were early symptoms and if it manifested within one year of separation from service.

The Veteran's claims for service connection for seizures, traumatic brain injury (TBI), and the residuals of acute mountain sickness are denied as there is no evidence linking these conditions to his military service.

The Veteran's daughter, L.F., was found to be permanently incapable of self-support prior to her 18th birthday due to her severe seizure disorder and learning disabilities. The Board granted recognition as a helpless child.

The Board denied the Veteran's claims for service connection of PTSD and Epileptic Seizure Disorder. The decision also denied a compensable rating prior to March 9, 2016, and in excess of 10 percent thereafter for bilateral hearing loss.

The Veteran's service-connected conditions of hypertension, Sjogren’s syndrome, bilateral hip disability, neck disability, back disability, asthma, bilateral CTS, left knee disorder, and seizures are granted. The claims for a bilateral shoulder disability, IBS, and TMJ syndrome are denied.

The Board has reopened the claim for loss of use of the lower extremities and granted service connection due to new evidence showing a relationship between the Veteran's dementia, brain trauma, and seizures.