Epilepsy & seizure disorders decisions — 2022

The Board has remanded the case due to insufficient evidence for several issues, including service connection for a cervical spine disorder, residuals of traumatic brain injury (TBI), headaches, seizure disorder, and bilateral eye disorder. The Veteran's claims are pending until these issues are addressed.

The Board has granted service connection for a seizure disorder, finding that the Veteran's current condition is at least as likely as not incurred during his military service.

The Board has granted restoration of the rating from 80% to 100%, effective August 1, 2020, for epilepsy and epileptic syndromes with complex partial seizures, residuals of brain tumor. Additionally, SMC at the S-1 rate is also restored effective August 1, 2020.

The Veteran's PTSD is currently rated at 50 percent, but the Board has remanded both his PTSD and seizure disorder associated with traumatic brain injury for further development. The TDIU claim was denied.

The Board has found that the Veteran's stroke and seizures are not related to his service, including an in-service head injury. The claims for service connection are being remanded due to insufficient evidence regarding the etiology of the seizures.

The Veteran's facial scar due to PFB was granted an initial 10% rating effective August 5, 2011. The Veteran's painful scars were denied a higher than 20% rating prior to March 29, 2019 and remanded for further review.,The Veteran's seizure disorder is being reviewed as part of the appeal process. A separate rating for peripheral neuropathy or other neurological disorder due to burn scars is also pending.

The Veteran's daughter, P., is recognized as a helpless child due to her disabilities prior to the age of 18. The claim was reopened based on new evidence showing she became permanently incapable of self-support before turning 18.

The Board has remanded the case for a comprehensive medical opinion to determine if the Veteran incurred additional disability as a result of VA's actions during his hospitalization, including the prescribing of Depakote or any delay in changing course.

The Board has decided to remand the Veteran's claim for service connection for seizures due to insufficient medical opinions regarding the etiology of his seizures. The case is being returned for further examination and opinion.

Service connection is granted for a brain condition (other than already service-connected epilepsy) and reopening of service connection for a low back disability. Other claims are remanded.

The Board has decided to remand the case due to insufficient evidence regarding whether the Veteran's seizure disorder, including pseudoseizures, is secondary to his service-connected PTSD. The VA needs to obtain a medical opinion on this issue.

The appeal on the issue of service connection for seizures has been withdrawn. The Veteran's claim for tinnitus is denied as there is no evidence showing onset or continuity of symptoms within one year after separation from service. The Veteran's PTSD is currently rated at 50% and not higher.

The Veteran's appeals for earlier effective dates and initial ratings were dismissed. The Board found that the Veteran withdrew her appeals, and service connection was granted for tinnitus.

The Board denied the Veteran's claim for service connection for tonic-clonic or grand mal seizures (seizure disorder), finding that there is no probative and competent medical evidence to support a direct relationship between his seizure disorder and military service. The Board also found that the seizure disorder was not related to his service-connected hypertension.

The Board denied reopening the claim for service connection of a right knee disorder and granted an initial rating of 80 percent for seizures, partial due to TBI. The ratings for TBI were denied, as was a compensable rating prior to April 20, 2015 and a rating in excess of 10 percent thereafter. A total disability rating based on individual unemployability (TDIU) was granted.