Epilepsy & seizure disorders decisions — 2009

The appeal is remanded to the RO for further development and due process.

The Board denied the veteran's claims for service connection for undefined seizures and major depressive disorder as there is no competent medical evidence linking these conditions to his active military service.

The veteran's non-service-connected disabilities do not meet the criteria for special monthly pension based on a need for aid and attendance or housebound status.

The Board remanded the appeal for additional development, including an examination and medical nexus opinion.

The Board denied service connection for a seizure disorder as it was not shown to be related to the veteran's honorable period of active service from November 1980 to November 1983. The evidence did not establish that the condition began during or was otherwise related to this period of service.

The veteran's service-connected PTSD has been rated at 70 percent, as it is manifested by such symptoms as occupational and social impairment with deficiencies in most areas due to suicidal ideation, obsessional rituals which interfere with routine activities, near-continuous panic or depression affecting the ability to function appropriately and effectively, impaired impulse control with unprovoked irritability, periods of violence, nightmares, and an inability to establish effective relationships.

The Board denied the veteran's claim for service connection for a seizure disorder, as there was no evidence of a chronic condition during service or within one year of discharge and the current diagnosis is not supported by medical evidence.

The Board denied the veteran's appeal for compensation under 38 U.S.C.A. § 1151 for a seizure with resulting residual disability, as it was determined that VA treatment did not proximately cause any additional disability.

The veteran's claim for service connection for a seizure disorder was reopened and granted, as the evidence shows that her seizure disorder is related to an in-service head injury.

The veteran's service connection claims for headaches and seizures have been granted based on a head injury sustained during active military service.

The veteran's service-connected disabilities, while severe, do not require regular aid and attendance or render him housebound.

The Board has determined that the veteran's bilateral hearing loss, sexual dysfunction, and chronic fatigue are not related to his military service or secondary to his service-connected epilepsy.

The veteran's post-traumatic stress disorder was rated at 30 percent prior to October 19, 2007, and 50 percent from that date. The seizure disorder did not warrant a higher rating in either period.

The Board finds that the veteran's arteriovenous malformation (AVM) is a congenital defect and pre-existed his active service, but there is clear and unmistakable evidence that it was not aggravated beyond its normal progression during active military service. However, the presumption of soundness applies, and the veteran is presumed to have been in sound condition upon entering service. The Board finds that the veteran's AVM underwent an increase in severity due to superimposed disease and/or injury during service, resulting in chronic disability.

The Board granted a 100 percent evaluation for seizure disorder with syncope, effective June 3, 2004.