Epilepsy & seizure disorders decisions — 2019

The Veteran's effective date for Special Monthly Pension (SMP) based on housebound status is granted as of December 7, 2005. The decision finds that the Veteran’s psychiatric disorder alone prevented him from leaving his home before this date.

The Veteran's appeal includes multiple issues related to his service-connected disabilities, including TDIU and evaluations for various conditions. The Board has determined that these issues are inextricably intertwined with the issue of TDIU and has therefore remanded all matters.

The Veteran's service-connected chronic partial epilepsy substantially contributed to his death in a motor vehicle accident, leading to the grant of service connection for cause of death.

The Board denied service connection for a seizure disorder and left ankle sprain. The claims for increased ratings for lumbar spine, knee disabilities are remanded.

The Veteran's service-connected grand mal seizures did not meet the criteria for a 100% evaluation, as they averaged less than one major seizure per month over the past year.

The Board has found that there was not substantial compliance with the July 2018 remand directives and has therefore ordered further development for the Veteran's claim of service connection for hemangioma of the face, to include resulting epilepsy.

The Board has decided to remand the case for further development and examination, including obtaining missing VA treatment records and scheduling a medical examination. The Veteran's craniotomy and seizure disorder are being reviewed to determine if they were caused or made worse by the March 2007 extraction of tooth number 18.

The Veteran's claim for a rating greater than 40 percent for epilepsy, psychomotor type and service connection for depression remains pending as the RO increased his rating to 40 percent but did not grant him the maximum benefit of 100 percent.

The Veteran's claim for a rating greater than 10 percent for tinnitus has been denied.,The Veteran's claim for an effective date prior to January 9, 2014 for tinnitus has been denied.,The Veteran's claims for service connection for sleep apnea and seizures have been remanded for further development.

The Board has remanded several issues related to the Veteran's claims, including service connection for various disabilities and a higher initial rating for a low back disability. The issues include whether new and material evidence has been received to reopen a claim of entitlement to service connection for a seizure disability, as well as multiple secondary service connection claims.

The Veteran's eye disability is presumed to be related to his service, including exposure to herbicides like Agent Orange. However, there is no evidence that the current vision loss and glaucoma are directly related to his military service.,The Veteran's right knee disability may be related to combat activities in Vietnam, but a VA examination is needed to determine if this condition has a causal relationship with his service.

The Veteran's appeal is being remanded for the issuance of a Statement of the Case (SOC) regarding his claims for an increased disability rating and CUE in previous RO decisions. The issues are related, so they will be addressed together.

The Veteran's left ear hearing loss disability is not related to service and was noted on pre-induction examination prior to service.,There is no evidence of a current left shoulder or right shoulder disability, arthritis of the upper extremities, or left knee disability at any time during or approximate to the pendency of the claim. The Veteran's current disabilities are not linked to service.

The Veteran's daughter is found to meet the criteria of a 'helpless child' due to her significant mental and physical disabilities, which have not improved since birth. The claim for recognition as a helpless child is granted.

The Board has deferred action on the motion for CUE regarding the October 2009 rating decision as it could significantly impact the new and material evidence matter. The TDIU claim is also remanded due to its inextricability with the new and material evidence issue.

The Board has decided to remand the claims for increased rating of grand mal seizures and TDIU due to a possible worsening since the last VA examination. Additional development, including obtaining treatment records and scheduling an examination, is required.