Epilepsy & seizure disorders decisions — 2009

The Veteran's service-connected seizure disorder is currently rated at 40 percent, and the Board finds that it does not meet the criteria for a higher rating.

The Board denied the Veteran's claims for an effective date earlier than September 20, 1999 for the grant of a 100 percent disability rating for partial complex seizures and whether the termination of special monthly compensation based on statutory housebound status was proper. The issue regarding the termination of a separate evaluation for service-connected headaches, dizziness and lightheadedness as a result of head trauma is pending.

The Board has decided to remand the case for additional development due to inadequate notice provided to the Veteran.

The Veteran's epilepsy was rated at 80 percent from December 3, 2005 to April 30, 2008 and at 60 percent from May 1, 2008. The effective dates for these ratings are based on the date of separation from service (December 3, 2005) and the date of the hearing before a decision review officer (May 1, 2008).

The Veteran's cause of death is being reviewed due to his service-connected right peroneal neuropathy and the VA medical care he received. The RO will also consider whether he was entitled to benefits under 38 U.S.C.A. § 1151.

The Board has determined that the Veteran's seizure disorder was incurred in service, and is presumed to have existed prior to service due to a pre-existing condition. The evidence does not clearly and unmistakably show that the seizure disorder did not increase in severity during service.

The Veteran's claims of service connection for various conditions are remanded due to the need for additional development, including a VA examination.

The Veteran's claim for service connection for residuals of a head injury, including seizure disorder, post-concussive syndrome, chronic ischemic strokes, vascular dementia, and migraine headaches is being remanded due to the need for additional development regarding whether any pre-existing conditions were aggravated by service.

The Board denied service connection for PTSD due to the lack of credible evidence supporting the claimed in-service stressors and a diagnosis linked to those events. The claim was not about service connection for diabetes mellitus with cerebrovascular occlusive disease, ischemic seizure activity and hypertension.

The case was remanded for further development, including obtaining Social Security Administration records and adjudicating the claim for an effective date prior to June 22, 1992, for the 80 percent rating for a seizure disorder.

The appeal is remanded for further development, including obtaining additional evidence and scheduling VA examinations.

The Board found that the Veteran's blackout spells with sudden loss of consciousness and seizure disorder were not related to his period of service.

The Board denied service connection for epilepsy or a seizure disorder, sinusitis, diabetes mellitus, asthma, strokes, heart disability, occlusion of the carotid artery, prostate cancer, bladder cancer, and bilateral visual impairment as there is no evidence that these conditions are related to the Veteran's active military service.

The Board denied the veteran's claims for an increased rating, service connection for a seizure disorder and depression as secondary to his service-connected disability, and entitlement to TDIU.

The veteran's income exceeded the maximum annual rate for pension, thus he is not entitled to VA non-service connected disability pension benefits.