Epilepsy & seizure disorders decisions — 2019

The Board has granted the Veteran's claim for service connection for a seizure disorder, excluding residuals of TBI. The Board found that there is at least as much evidence to support the claim as against it and thus concluded in favor of granting service connection.

The Veteran's death prevented the appellant from being substituted as claimant, as her request was not filed within one year of his death.

The Board has remanded the claims of service connection for PTSD, a seizure disorder (blackouts), headaches, and angioneurotic edema due to incomplete records. The Veteran is directed to have VA attempt to obtain his in-patient treatment records from Balboa Naval Medical Center during service.

The Board found that the severance of service connection for psychomotor epilepsy was improper due to conflicting evidence regarding whether the condition preexisted service and was not aggravated by it. The appeal is granted, but the effective date remains unresolved.

The Veteran's seizure disorder is rated at a 60 percent disability rating since October 22, 2009. The Board also granted the Veteran a TDIU based on his service-connected seizure disorder.

The Board has not provided opinions on whether the Veteran's headaches, neurological condition other than seizure disorder, and fatigue are secondary to his service-connected seizure disorder. The case is being remanded for this purpose.

The Veteran's claims for PTSD and related disabilities are remanded due to conflicting diagnoses.,The Veteran's claims for left foot disability, skin disability, seizure disability, hypertension, hepatitis C, herpes, and dental disability are remanded as the relationship between these conditions and service-connected disorders need further clarification.,The Veteran's claims for effective date prior to June 1, 2006, for special monthly compensation based on the need for regular aid and attendance and special monthly compensation in excess of the rate payable 38 U.S.C. § 1114(l); 3.350(b) are remanded as they are intertwined with other service-connected disability claims.,The Veteran's claims for herpes and dental disability are remanded due to conflicting diagnoses.

The Veteran's appeal is remanded due to the need for additional VA examinations to assess the current severity of his service-connected conditions prior to February 14, 2019.

The Veteran's migraine headaches are granted a 30 percent rating from August 15, 2012 and a 50 percent rating from July 20, 2017. The Veteran's grand mal seizures are granted an 80 percent rating from July 20, 2017. A 100 percent rating is granted for the Veteran’s variously diagnosed psychiatric disability (PTSD) from July 20, 2016.

The Veteran's seizure disorder, right hip disability, and left hip disability are granted as secondary to his service-connected left ankle disability. The Veteran is granted an increased rating of 20% for his left ankle disability after May 8, 2017.

The Board finds that the Veteran's current seizure disorder preexisted his period of active duty service and was not aggravated by it, thus denying his claim for service connection.

The Board has reopened the Veteran's claims for service connection for an acquired psychiatric disorder, variously diagnosed and a seizure disorder. The claim for bilateral hip disorder is also remanded due to insufficient evidence.

The Veteran's claim for an earlier effective date prior to January 1, 2012, for a 100% rating for his seizure disorder is denied. The RO has already granted an effective date of January 1, 2012, which was one year prior to the receipt of the increased rating claim.

The Board has decided that the Veteran's bilateral hearing loss disability is service-connected, but has remanded for further examination regarding his head injury and residuals.

The Board has granted service connection for a seizure disability, finding that it is at least as likely as not caused by the Veteran's service-connected traumatic brain injury.