Epilepsy & seizure disorders decisions — 2003

The Board has granted service connection for a scar near the right eye as a residual of an in-service head injury. The veteran's other claimed residuals, including hearing loss and dizziness/seizure disorder, are still under development.

The Board denied the veteran's claim for an increased rating for his service-connected post concussion syndrome with headaches and seizure disorder, finding that the evidence did not establish more than one prostrating headache a month or any confirmed seizures.

The Board found that new and material evidence had been submitted to reopen the claim for service connection for residuals of a head injury, including seizures and headaches. However, the Board denied the claim on the merits as there was no medical evidence linking current conditions to service.

The VA has reduced the appellant's seizure disorder rating from 60 percent to 40 percent effective March 1, 2000. The reduction is denied as there is no actual improvement in the condition.

The veteran died while hospitalized in a VA medical facility for worsening shortness of breath. The cause of death was attributed to chronic obstructive pulmonary disease, hypertension, and other conditions. The appellant is seeking compensation under the 38 U.S.C. § 1151 due to her belief that the veteran's death was caused by VA treatment. The claim will be remanded for further development including obtaining medical opinions on causation.

The Board has determined that the veteran's current seizure disorder and residuals of a head injury are not related to his service, nor can epilepsy be presumed to have been incurred in service.

The case is being remanded for the RO to obtain additional service and medical records related to the veteran's second period of service and any treatment related to a seizure disorder. The claim will be reviewed again after these records are obtained.

The Board has determined that the November 1995 RO decision denying service connection for the cause of the veteran's death was clearly and unmistakably erroneous, and service connection is granted.

The Board denied service connection for chloracne, multiple sclerosis, and seizure disorder claimed as due to exposure to Agent Orange. The veteran's claims were not supported by evidence of current diagnoses or a link between the conditions and his military service.

The Board has remanded the case for further evaluation of the veteran's mental and seizure disorders due to service, as there is conflicting evidence regarding their origin.

The Board denied service connection for a seizure disorder and an increased rating for the service-connected residuals of trauma to the left foot, including ingrown toenails of the great and second toes.

The veteran's service-connected grand mal epilepsy does not meet the criteria for a higher level of special monthly compensation under 38 U.S.C.A. § 1114(r)(1).

The veteran's appeal is remanded for further development and consideration of his claims, including the need to obtain medical records and consider staged ratings as per Fenderson v. West.

The Board has denied the veteran's claims for service connection for PTSD, a seizure disorder, residuals of a ruptured appendix, and dental trauma for VA outpatient dental treatment. The appeals for increased ratings for right foot tendinitis and IBS have also been denied.

The veteran's claim for compensation benefits under the provisions of 38 U.S.C.A. § 1151 was denied because there is no objective medical evidence indicating that the EMG and NCV studies performed in September 1996 caused his current conditions.