Epilepsy & seizure disorders decisions — 2001

The Board has determined that the evidence submitted is not new and material, thus denying the veteran's petition to reopen his claim of service connection for postoperative parietal glioma with seizures, claimed as secondary to a head injury.

The Board denied an increase in the rating for the veteran's seizure disorder, finding that the evidence did not support a higher rating based on the frequency of seizures.

The Board found that the appellant was not entitled to an earlier effective date for special monthly pension aid and attendance benefits due to his need for aid and attendance, as entitlement arose on December 13, 1999.

The veteran's seizure disorder, which is considered totally disabling, qualifies for a permanent and total disability rating for pension purposes.

The Board denied the veteran's claims for service connection for PTSD, a seizure disorder, and the residuals of a head injury with headaches. The decision found that new and material evidence was not submitted to reopen the claim for the residuals of a head injury with headaches. It also determined that there was no credible supporting evidence for the claimed in-service stressor related to PTSD and that a seizure disorder did not manifest during service or be related to any incident of service.

The Board found that [redacted] was not permanently incapable of self-support prior to reaching the age of 18, and therefore could not be recognized as the helpless child of the veteran.

The Board denied the veteran's claim for an earlier effective date for a total disability rating based on individual unemployability due to service-connected disabilities, finding that he is not entitled to such an earlier date.

The Board has reopened the appellant's claim for service connection for the cause of the veteran's death due to new and material evidence submitted. The Board finds that the veteran's ventricular tachycardia likely contributed to his death, as it resulted in further cardiac compromise.

The Board denied the reduction of the veteran's disability rating from 100% to 20%, finding that it was not warranted by a preponderance of evidence and that the requirements for restoration have not been met.

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 low back disability is currently evaluated at 20 percent, which reflects moderate limitation of motion.

The Board denied the veteran's claims for an increased rating for his right knee disability and a permanent and total disability pension rating, finding that the evidence did not support ratings greater than 10 percent for chondromalacia of the right knee with exostosis. The veteran was also found to have no entitlement to a higher rating based on his seizure disorder.

The Board denied the veteran's claim for service connection for residuals of heat stroke, as there was no in-service evidence and current medical evidence did not support a link between his claimed disabilities and his military service.

The VA granted service connection for a mixed seizure disorder and assigned a 20 percent disability evaluation. However, the veteran contends that his seizures are more frequent than what is reflected in this rating.

The Board found that the evidence was in equipoise, with the appellant prevailing and concluding that a seizure disorder is related to service.

The Board has decided to remand the case for further development and consideration, including obtaining additional medical records and conducting a VA examination.