Epilepsy & seizure disorders decisions — 2010

The Veteran's claims for service connection and initial rating have been denied. The Board has remanded the issues of service connection for a psychiatric disorder, chest pain (also claimed as costochondritis), and tension headaches associated with seizure disorder.

The Veteran's epilepsy is currently rated at 20 percent, and his PTSD is currently rated at 50 percent. The Board finds that the current ratings are appropriate.

The Veteran's claim for a permanent and total disability rating for pension purposes is being remanded due to the need for additional medical records, an examination of his disabilities' impact on employment, and consideration of his personality disorder.

The Board has determined that the Veteran's seizure disorder did not manifest during his qualifying military service and is unrelated to any aspect of such service. As a result, the claim for service connection for a seizure disorder is denied.

The Board has determined that there is no competent medical evidence indicating a causal relationship between the Veteran's claimed conditions and his active service, leading to denial of all claims.

The Veteran's severe cardiorespiratory depression, depression, sleep apnea, and seizure disorder are not considered to be a result of VA treatment or care. The Board finds that the Veteran did not meet the criteria for compensation under 38 U.S.C.A. § 1151.

The Board has reopened the Veteran's previously denied service connection claims for joint pain, left ankle disability, headaches, acquired psychiatric disability other than PTSD (nervous condition), seizure disorder, and disability manifested by weight loss. However, these claims remain denied as they are not related to active service.

The Board denied service connection for a seizure disorder and left hand scars, finding that the Veteran's assertions of in-service head injury and continuity of symptoms were not credible.

The Veteran seeks compensation under the provisions of 38 U.S.C.A. § 1151 for a seizure disorder allegedly resulting from VA surgery in May 2002. The Board has determined that additional development is necessary, including obtaining medical records and scheduling an appropriate VA examination.

The Board has reopened the Veteran's claim of entitlement to service connection for a right temporal lobe abscess with seizures and remanded the issue to the RO for further action.

The Veteran's claim for an increased rating for his seizure disorder (primary generalized epilepsy) is denied as he does not meet the criteria for a higher rating under Diagnostic Code 8911.

The Board denied the Veteran's claim for an earlier effective date of September 19, 2005 for a 80% disability rating for his service-connected seizure disorder.

The Board has determined that additional development is needed to properly adjudicate the Veteran's claims, including obtaining missing VA treatment records and scheduling a VA examination.

The Veteran was granted a TDIU effective July 26, 2000. The seizure disorder and impaired memory alone did not meet the schedular criteria for a TDIU prior to that date.

The Veteran's claims for service connection for grand mal seizures, pneumonia, heart disorder, and sleep apnea were previously denied in May 2002. New evidence received since that decision does not raise a reasonable possibility of substantiating these claims.