Epilepsy & seizure disorders decisions — 2019

The Board has remanded the claims of service connection for bilateral hearing loss, tinnitus, hypertension, a seizure disorder, and headaches due to additional development being required. Service connection is denied for hypotestosteronemia.

The VA denied service connection for coronary artery disease, PTSD, hyperthyroidism, partial complex seizure, trigger finger, and multiple myeloma.,None of the conditions were found to be related to the appellant's military service.

The Board has remanded the Veteran's claim for a total rating for compensation purposes based on individual unemployability due to service connected disabilities (TDIU) because it did not address Dr. N.O.'s March 2009 evaluation and whether any recommended work environment constitutes a 'protected [work] environment' for the purposes of 38 C.F.R. § § 4.16(a).

The claims for service connection for epilepsy, hypertension, prostate disability, fibromyalgia, and sleep disability have been denied as new and material evidence has not been received to reopen the claims.,Initial ratings for bilateral hearing loss and tinnitus were also denied.

The claims for service connection for sleep apnea, diabetes mellitus, and temporary total evaluation are dismissed.,New and material evidence has been received to reopen the claims for service connection of an acquired psychiatric disorder, residuals of a head injury (dizziness, disorientation, and loss of memory), seizure disorder, and a disability manifested by loss of vision. The appeals are granted as to these reopened issues.

The Veteran's PTSD is now rated at the maximum disability level (100%) from May 11, 2015. The other conditions remain at their current assigned ratings.

The Board has determined that the Veteran does not have a current gallbladder, seizure disorder, or diabetes mellitus disability. The claim for these conditions is denied.,The Board has also determined that the Veteran's neurological disorder and cervical spine disability are remanded due to inadequate examination reports. The right arm and right leg disabilities are also remanded as they may be related to the Veteran’s cervical spine disability.,No effective date was provided in this decision.

The Veteran's seizure disorder was rated at 80 percent from December 4, 1980 to March 27, 2001. The Board found that the Veteran averaged at least one major seizure in three months over the last year.

The Board denied service connection for various disabilities, including bilateral eye disability, heart disability, kidney disability, diabetes mellitus, stroke residuals, memory loss, and blackouts and seizures, all claimed as related to exposure to contaminated water at Camp Lejeune. The evidence did not support a finding that these conditions began during service or were otherwise linked to the Veteran's time in active duty.

The Veteran's service-connected PTSD is found to have permanently aggravated his hypertension, resulting in service connection for the condition.,The Veteran's service-connected PTSD and hypertension are found to have permanently aggravated his residuals of a stroke, resulting in service connection for the condition.,The Veteran's service-connected PTSD and hypertension are found to have permanently aggravated his heart disability, resulting in service connection for the condition.

The Board has remanded the claims of service connection for hysterectomy, low back condition, and seizure disorder due to the Veteran's incompetence and lack of examination.

The Board has decided to remand the Veteran's claims for service connection due to lack of new and material evidence, and requests for additional records from SSA and VA.

The Veteran's service-connected PTSD is found to be the primary cause of his currently diagnosed obstructive sleep apnea. His tinnitus, bilateral hearing loss, and erectile dysfunction are all rated at their maximum schedular ratings. The seizure disorder claim has been remanded for further review.

The Board has decided to remand the case due to inadequate VA examinations and missing medical records. The Veteran's seizure disorder must be evaluated again with a new examination.

The Veteran's seizure disorder is being remanded for further development, including an opinion on whether his symptoms are associated with the condition and consideration of an extraschedular rating. The issue of TDIU is also inextricably intertwined and must be held in abeyance.