Epilepsy & seizure disorders decisions — 2009

The Board denied service connection for an acquired psychiatric disorder, seizures with loss of consciousness, weight loss, hematemesis and rectal bleeding, a heart condition, and sleep disorders as there was no evidence to support a nexus between the claimed conditions and the Veteran's period of active duty.

The Board denied the Veteran's claims for service connection for a seizure disorder, back disability (degenerative joint disease), and disability of the legs as not being new and material evidence. However, it reopened the claim for a back disability but denied the claims for a disability of the legs and a disability of the feet.

The appeal regarding the initial evaluation for seizure disorder has been withdrawn by the Veteran's representative.

The Board denied service connection for the cause of the Veteran's death, as there was no evidence linking his fatal conditions to any incident of active duty.

The Board granted service connection for epilepsy, finding that it was presumed to have been incurred during active duty service.

The Veteran's service-connected simple partial seizures with cognitive disorder is rated at 20 percent for the period prior to August 5, 2002.

The appeal was remanded for further development of the evidence related to the issues on appeal.

The Board denied service connection for bladder cancer as it was not incurred in or aggravated by service, nor may it be presumed to have been incurred therein. The claim for a permanent and total disability rating for pension purposes was also denied.

The Board found that the Veteran's seizure disorder, grand mal, did not meet the criteria for a rating higher than 20 percent.

The Veteran's current osteoarthritis of the cervical spine, osteoarthritis of the lumbar spine, a seizure disorder, chronic obstructive pulmonary disease, and sinus problems were not incurred in or aggravated by his active duty military service.

The Board denied service connection for hypertension, diabetes mellitus, arthritis, skin cancer, epilepsy, sleep apnea, cataracts, and partial blindness as these conditions were not shown to be related to the Veteran's period of active duty or any claimed in-service exposure.

The Board found that new and material evidence was submitted to reopen the claim for service connection for a seizure disorder, but ultimately denied the claim as there is no nexus between the current seizure disorder and the veteran's military service or any incident thereof.

The veteran's claim for an increased disability rating for service-connected diplopia was denied due to his failure, without good cause, to report for a VA examination which was necessary for an informed adjudication of the claim.

The Board denied service connection for a seizure disorder, degenerative disc disease of the lumbosacral spine, carpal tunnel of the right upper extremity, left knee disorder, and migraine headaches as there was no evidence to support that these conditions were incurred or aggravated during active military service.

The Board is reopening the veteran's claim for service connection for PTSD on the basis of new and material evidence, but remanding this claim to the RO via the Appeals Management Center (AMC) in Washington, DC, for further development before reajudicating it on the underlying merits.