Epilepsy & seizure disorders decisions — 2006

The Board found that the veteran's seizure disorder began many years after his active service and was not caused by any incident of service. As a result, the claim for service connection for a seizure disorder is denied.

The Board found that the veteran's seizure disorder was not shown to be related to service or an event of service origin, and therefore denied his claim for service connection.

The Board has reopened the claim of service connection for residuals of a head trauma and finds that new and material evidence has been submitted. The preponderance of the evidence is against finding that the veteran sustained a head injury while in military service, or that his current conditions are related to such an injury.

The veteran's claims for service connection and reopening of previously denied claims are being remanded due to the unverified nature of her periods of active duty, active duty for training, and inactive duty for training in the Puerto Rico Air National Guard.

The Board denied the veteran's claims for service connection for various conditions, including pneumonia, pleurisy, seizures, thrombophlebitis of the left leg, and an enlarged heart, all secondary to exposure to Agent Orange. The evidence did not show chronic manifestations of these conditions during military service or subsequent to discharge.

The Board has determined that the cause of the veteran's death was not related to service-connected conditions, and denied the claim for service connection for the cause of the veteran's death.

The veteran's hypertension is rated at 30 percent, and his seizure disorder remains at 20 percent. Both conditions are denied for increased ratings.

The Board denied the veteran's claims for an increased rating for his seizure disorder and TDIU due to service-connected disabilities, finding that the evidence did not support a higher evaluation or individual unemployability based on his service-connected condition.

The Board has determined that the veteran does not currently suffer from a chronic seizure disability and therefore, service connection for a seizure disorder is denied.

The Board denied the claim of clear and unmistakable error (CUE) in its August 1984 decision that denied service connection for a seizure disorder. The Board found no CUE based on the evidence at the time, including service medical records.

The Board has determined that the veteran's grand mal epilepsy warrants a 100 percent evaluation from May 29, 2002, and a 40 percent evaluation thereafter. The evidence shows an average of at least one major seizure per month since May 29, 2002.

The Board found that the veteran's son, P.L.R., was not permanently incapable of self-support by reason of physical or mental defect at the date he attained age 18 in July 1972. The evidence showed he had been employed until February 1995 and received Social Security Administration disability benefits starting August 1995.

The veteran's compensation benefits awarded under the provisions of 38 U.S.C.A. § 1151 are subject to offset by the entire amount of a $500,000 settlement under the Federal Tort Claims Act (FTCA).

The veteran's appeal is remanded due to the need for additional VA treatment records and a neurological examination to determine the current severity of his service-connected seizure disability.

The Board found that the veteran's current seizure disorder did not arise in or was not caused by service, and denied his claim for service connection.