Epilepsy & seizure disorders decisions — 2020

The Board has remanded the issues of service connection for various conditions, including substance abuse, congestive heart failure, seizures, mood disorder, PTSD, and bipolar disorder. The character of discharge from service is also under review.

The Veteran's seizure disorder is rated at 20 percent, and the Board has found that it does not warrant a higher rating. The case is remanded for further action regarding TDIU on an extraschedular basis.

The Board has decided to remand the cases of service connection for a back condition and epilepsy/seizure disorder due to insufficient medical opinions regarding their etiology. The Veteran's claims are being returned to VA for further examination.

The Veteran's service-connected epilepsy has progressed to a severity where it alone is sufficient to preclude him from being able to function in any work setting for which he possesses the necessary skills, leading to his leaving full-time employment. The Board finds that as of February 4, 2015, the Veteran was unemployable due to his service-connected disabilities and grants a TDIU effective on that date.

The Veteran's appeal to receive compensation for a seizure disorder under 38 U.S.C. § 1151 was dismissed because the appellant requested withdrawal of the appeal prior to the Board's decision.

The Board has determined that the VA examinations for the Veteran's Traumatic Brain Injury and Generalized Seizure Disorder claims are inadequate, and new evidence has been added to the record. The Veteran is being remanded for additional examinations and consideration of the new evidence.

The Board has reopened the Veteran's claims for service connection for a seizure disorder and claustrophobia, previously claimed as a nervous condition. The claims are remanded to determine the nature and etiology of these conditions.

The Board has remanded the Veteran's claims for service connection for epilepsy and an acquired psychiatric disability, including PTSD, anxiety disorder, depression, social phobia, stimulant use disorder (methamphetamine, other stimulants), and dysthymia. The issues are being remanded due to incomplete VA examination opinions and the need to obtain additional medical records.

The Veteran's increased rating claim for seizure disorder with narcolepsy and cataplexy is denied. The TDIU claim is granted, subject to controlling regulations governing the payment of monetary awards.