Epilepsy & seizure disorders decisions — 2010

The Veteran claims compensation under 38 U.S.C.A. § 1151 for head injuries sustained while in a VA alcohol abuse treatment program, alleging that he was not properly supervised and fell, resulting in severe residual disabilities. The case is being remanded to obtain relevant records from the substance abuse rehabilitation program where the Veteran was admitted.

The VA determined that there is no competent or credible evidence linking the Veteran's seizure disorder with headaches to his service, including a foreign body in his eye from service. The Board concurs.

The Board granted an earlier effective date of July 25, 1977 for the initial disability rating of 10 percent for service-connected seizure disorder and a 100 percent rating from July 1, 1994 to July 20, 1999.

The Veteran's claims for service connection for a chronic complex partial seizure disorder and a chronic low back disorder have not been granted. The claim for service connection for the complex partial seizure disorder has been reopened, but the low back disorder claim remains denied.

The Veteran's appeals for service connection for bilateral hearing loss and a disability rating in excess of 80 percent for psychomotor epilepsy have been dismissed due to an inadvertent jurisdictional error.

The Board of Veterans' Appeals has remanded the case for additional development due to conflicting medical findings and a need for clarification.

The Veteran's appeal is remanded for further development, including obtaining updated VA and private clinical records, scheduling a neurologic-psychiatric examination, and readjudicating the claim.

The Board has determined that the Veteran's seizure disorder began during service and is not related to any pre-existing condition. As such, the claim for service connection is granted.

The Board has determined that an effective date of October 1, 1990, is appropriate for the award of service connection for seizure disorder.

The Veteran's current marriage to T.B. has been established as valid, and he is granted additional VA compensation for a dependent spouse.

The Board denied all of the Veteran's claims, including those for service connection and a total disability rating based on individual unemployability due to service-connected disabilities. The Board found that the seizure disorder pre-existed service and was not permanently aggravated during service, and that the psychiatric, orthopedic, and dental disorders were not shown in service or caused by service-connected conditions.

The Board denied the Veteran's petition to reopen his claim for service connection for residuals of a head injury, finding no new and material evidence. The claim was previously denied in March 1991 due to lack of documented residuals from the head injury sustained during service.

The Veteran's service-connected generalized seizure disorder is rated at 20 percent since March 29, 2006. The Board denied the claim for a higher rating and also found that he did not meet the criteria for TDIU.

The Veteran's claim for service connection for a convulsion seizure disorder, which is related to his service-connected amblyopia, has been remanded due to the need for additional development and clarification of the etiology.

The Board has determined that new and material evidence has been presented to reopen the claim of service connection for low-grade oligodendroglioma. The Board also concludes that the Veteran's low-grade oligodendroglioma was incurred in service, and grants the claim.