Epilepsy & seizure disorders decisions — 2006

The Board found that the reduction in rating from 60 percent to 20 percent for seizure disorder was proper, and denied an evaluation in excess of 20 percent.

The veteran's seizure disorder, rated at 10% since September 13, 1969, and 20% since March 14, 1997, is now rated at 40% effective from February 28, 2003.

The veteran's claim for an increased rating for a seizure disorder is being remanded due to the need for further development of his medical records and examination.

The Board granted the veteran's claims for an initial evaluation in excess of 40 percent for residuals of hemiparesis of the left lower extremity, due to closed head trauma; a staged evaluation in excess of 50 percent for organic brain syndrome, due to closed head trauma (on and subsequent to December 14, 1999); an initial evaluation in excess of 10 percent for weakness of the right lower extremity, due to closed head trauma; and an initial evaluation in excess of 10 percent for a seizure disorder. The Board also granted special monthly compensation based on the need for aid and attendance due to loss of use of both legs.

The Board has determined that the veteran's service-connected heart disease contributed to his loss of use of the lower extremities, and thus grants special monthly compensation based on this condition for purposes of accrued benefits.

The Board has restored the appellant's service-connected central nervous system sarcoidosis rating from 80 percent to 10 percent effective from November 1, 1994.

The VA determined that the veteran's seizure disorder did not meet the criteria for a higher disability rating than 80 percent, as there was no evidence of at least one major seizure occurring on average more than once every three months over the last year.

The Board has remanded the case due to incomplete development and issues related to service connection for seizures, including whether they are secondary to a service-connected condition.

The Board has determined that the veteran is entitled to special monthly pension based on the need for regular aid and attendance due to his multiple disabilities, including chronic low back pain, cerebrovascular accident, seizures, high blood pressure, diverticulosis of the colon, glaucoma, cataracts, prostate cancer, arthritis, renal lithiasis, and myocardial infarcts. The decision is based on the veteran's need for regular aid and assistance due to his disabilities.

The veteran's claims for service connection are granted for various conditions, including fibromyalgia, musculoskeletal chest pain, chronic fatigue syndrome, bloody stools and bowel incontinence, headaches, agitation, forgetfulness, borderline violence, major depression and dysthymic disorder, loss of bladder control, itching, hives, rash, duodenal ulcer, gastroesophageal reflux disease (GERD), irritable bowel syndrome (IBS), partial complex seizures, blackouts, photophobia and lightheadedness, shrinkage in height from 71 inches to 67 1/2 inches, and lumbar spine disorder with instability of the legs. These conditions are presumed due to service in the Persian Gulf War.

The Board has granted a general apportionment of the veteran's nonservice-connected disability pension for his minor child, A.M.F., but denied a special apportionment due to lack of financial hardship.

The Board has reopened the veteran's claim for service connection for residuals of a head injury, to include a seizure disorder, based on new and material evidence submitted since the final September 2001 rating decision. The issue now proceeds to determine if the seizure disorder is related to service.

The Board denied the veteran's claims for increased evaluation of anxiety disorder and his claim alleging clear and unmistakable error in a July 1959 rating decision denying service connection for epilepsy or seizure disorder. The appeal is currently pending.

The Board denied the veteran's claim for recognition of his daughter as a helpless child due to her permanent incapacity for self-support prior to age 18, finding that she was not permanently incapable of self-support before turning 18.

The Board has determined that the veteran's seizure/neurological disorder was not incurred in or aggravated by active service, may not be presumed to have been incurred in active service, and is not proximately due to or the result of a service-connected disability. Additionally, there is no established entitlement to compensation pursuant to 38 U.S.C.A. § 1151 for alleged additional disability as a residual of a bilateral carotid arteriogram performed at a Department of Veterans Affairs medical facility in October 1969.