Epilepsy & seizure disorders decisions — 2002

The veteran's failure to report for a scheduled VA medical examination without good cause resulted in the denial of his claim for nonservice-connected pension benefits.

The Board denied the veteran's claim for an earlier effective date of August 5, 1998, for his total rating based on individual unemployability due to a seizure disorder. The veteran had no service-connected disability prior to this date and was not entitled to consideration of a total rating for compensation based upon individual unemployability.

The Board denied service connection for the cause of the veteran's death and lung cancer for accrued benefits purposes, finding no causal relationship between any incident of service and the veteran's death or lung cancer.

The veteran's service-connected seizure disorder is manifested by an average of 9 to 10 minor seizures per week, warranting a 60 percent evaluation.

The Board found that the veteran's service-connected PTSD did not substantially or materially contribute to his death. The cause of death was determined to be nosocomial pneumonia, which began many years after service and was not caused by or incident to his service-connected conditions.

The Board finds that the evidence serves to show that the veteran as likely as not has a separately ratable disability manifested by idiopathic seizures which had its onset in service. By extending the benefit of the doubt to the veteran, the Board grants service connection for idiopathic seizures.

The veteran's claim for a permanent and total disability rating for non-service-connected pension purposes was denied as he failed to report for scheduled VA examinations.

The Board has denied the veteran's claims for service connection for residuals of a head injury and seizure disorder, finding that there was no increase in severity during active service or within the first post-service year.

The veteran's unauthorized medical expenses incurred for a private neurologist visit were denied as the treatment was not shown to be emergent and VA facilities were available.

The Board denied the appellant's petition to reopen his claims for service connection for back, inguinal hernia, psychiatric, and seizure disabilities due to lack of new and material evidence.

The Board denied an increased apportionment of the veteran's VA improved pension benefits to the appellant, finding that some hardship exists but that increasing the apportionment may cause undue hardship for the veteran.

The veteran's psychogenic seizure disorder is granted as secondary to his service-connected low back disorder. The issues regarding increased evaluation for residuals of fracture of the left clavicle and total rating for compensation purposes based on unemployability are pending.

The Board denied the veteran's claims for service connection for urethritis, spondylolysis of the lumbar spine, a disability manifested by fatigue with nausea and vomiting, and seizure disorder as secondary to Reiter's syndrome. The claim for increased evaluation of Reiter's syndrome was granted with an effective date of 2002.

The Board denied the appellant's application to reopen his claims for service connection for psychiatric and seizure disorders, finding that no new and material evidence had been presented.

The veteran's service-connected disabilities prevented him from obtaining or maintaining gainful employment since July 27, 1990. His marginal employment is not considered substantially gainful employment.