Epilepsy & seizure disorders decisions — 2018

The Veteran's claim for a 100 percent rating for residuals of traumatic brain injury (TBI) is granted for the entire claim period. The appeal for a total disability rating based on individual unemployability (TDIU) is dismissed as moot due to the grant of a 100 percent rating.

The Veteran's seizure disorder was rated at 10 percent prior to January 14, 2004 and increased to 30 percent from January 14, 2004 to August 21, 2012. From August 21, 2012, the Veteran's seizure disorder was rated at 70 percent.

The Veteran's claim for service connection for epilepsy, grand mal seizures was denied due to lack of new and material evidence. The Board also found that the Veteran did not meet the criteria for PTSD based on his in-service stressors. His claim for service connection for an acquired psychiatric disorder (including PTSD) is remanded for further examination.

Service connection is granted for a headache disorder and neurological symptoms (including seizures, tics, twitches, and muscle spasms) as related to service in the Southwest Asia theater of operations.,Service connection is denied for a heart disorder.

The Veteran's claims for service connection have been reopened due to the introduction of new and material evidence. The appeals are REMANDED for further development.

The Veteran's right and left hip disabilities are rated at 10% each, with no higher ratings due to the extent of limitation of motion.,For his seizure disorder prior to May 31, 2016, a rating in excess of 80% is denied. The evidence does not show more than one major seizure per month as required for an increased rating.,Following May 31, 2016, the Veteran's seizure disorder warrants no higher than a 40% rating. There is insufficient evidence to support a 60% or higher rating.

The Veteran's claim for an initial rating in excess of 10 percent for his service-connected non-epileptic events, complex partial seizures is remanded. Additionally, the TDIU claim due to service-connected disabilities is also remanded.

The Veteran is eligible for financial assistance in purchasing an automobile or adaptive equipment due to his service-connected disabilities, including grand mal epilepsy and bilateral knee degenerative joint disease which have rendered him essentially wheelchair-bound.

The Board has remanded the claims for service connection due to a failure by VA to obtain relevant records from the California Employment Development Department (CEDD) regarding the Veteran's claims since 1971.

The Veteran's claim for a 10 percent rating based on multiple noncompensable service-connected disabilities is denied. The Board has also remanded the issues of service connection for seizure disorder and back disability as secondary to service-connected acquired psychiatric disability.

The Veteran's claims for service connection have been reopened and are being remanded due to the need for additional examinations.,The Board has determined that new and material evidence has been received to reopen the Veteran’s claims of service connection for a right knee disability, seizure disorder, cervical spine disability, lumbar spine disability, right hip disability, left hip disability, right knee disability, left knee disability, sleep apnea, TBI, headaches, seizure disorder, and an acquired psychiatric disorder.

The Board has dismissed the Veteran's claims as there was a full award of service connection for peripheral neuropathy of the left upper extremity, right upper extremity, and right lower extremity in September 2016. The issues of entitlement to service connection for migraine disorder, seizure disorder, and loss of smell are remanded.

The Board denied service connection for a seizure disorder, finding that the Veteran did not have seizures in service and there is no evidence linking them to his military service. The claim was based on direct service connection rather than any presumption of exposure to herbicides.

The Board denied the Veteran's claims for service connection for various arm and leg disabilities, as well as epilepsy. The Board found no current diagnoses of these conditions and concluded that there was insufficient evidence to link them to his active service.

The Board has determined that the Veteran's inpatient hospital services at Munson Medical Center from May 9, 2015 through June 4, 2015 should be remanded for further development to determine if emergency treatment was necessary and whether the Veteran could have been transferred to a VA facility.