Epilepsy & seizure disorders decisions — 2003

The veteran's death was caused by liver encephalopathy due to liver failure as a consequence of cirrhosis of the liver. The service-connected seizure disorder did not cause or contribute substantially or materially to his death. Service connection for the cause of death has been denied.

The veteran's claim for compensation under 38 U.S.C.A. § 1151 for sleep apnea, back, neck and joint problems, heart disease, breathing problems, weight gain, and a seizure disorder due to VA medical treatment was denied. Claims for service connection were also denied.

The VA denied the appellant's claim for service connection of a seizure disorder, finding no current diagnosis and insufficient evidence to link any past symptoms to military service.

The veteran's claims for increased evaluations and initial evaluations in excess of the assigned ratings are being remanded to allow for additional development, including obtaining medical records and conducting examinations.

The veteran's service-connected seizure disorder and peptic ulcer disease render him unemployable, given his educational background and past work experience.

The Board has found that the veteran's essential hypertension may be presumed to have been incurred in service due to its onset within a year of separation from active duty. The issue of whether new and material evidence has been submitted to reopen claims for migraine headaches, breathing problems, skin irritation, and eye problems including as due to undiagnosed illness is addressed.

The Board has granted increased ratings for the veteran's epileptic seizure disability and thoracic spine disability, with an 80 percent rating for the epilepsy and a 10 percent rating for the thoracic spine.

The Board has determined that the appellant's seizure disorder warrants a 100 percent schedular rating since July 1992, based on an average of at least one major seizure per month.

The Board has determined that the veteran's headaches are service-connected, but his seizure disorder is not.

The veteran's claim for service connection for residuals of a cerebral concussion, including headaches and seizures is denied because his second period of active duty was terminated by discharge under dishonorable conditions.

The VA denied the veteran's claim for an increased rating of his service-connected epilepsy, currently evaluated at 20 percent.

The VA denied the veteran's claim for an increased disability rating for her service-connected seizure disorder, currently rated at 20 percent. The evidence did not show that she had seizures in the last six months or one year.

The veteran's seizure disorder with headaches was granted service connection and rated at 10 percent effective December 15, 2000.

The Board has determined that the veteran does not have a current seizure disorder and therefore cannot establish service connection for this condition.

The Board denied the claim for service connection for the cause of the veteran's death, finding that neither his service-connected tuberculosis nor any other condition contributed substantially or materially to his death.