Seizures And Sleep

[WaterDawgFirst]

Greetings,

Recently I've been diagnosed with epilepsy. I was not born with epilepsy. I also now have some rem's problems occurring while I sleep or am having seizures.. waiting to get that sorted out. My diagnoses did not come from the VA. They denied it, even after I had a grand mal seizure. My psychologist at the VA is the one who found me an outside neurologist to figure out if I had seizures or not. Now I have to take part in a sleep study to figure out what the hell is going on. I also came home with some of those non-cancerous abnormal cells they have to cut out that they say was not their issue but they did it anyway. I guess my point is should I try for C&P for the seizures? I can't drive anymore and sometimes I'm down for days. I'm scared if I go back they might punish me and take my 70$% I use to live on since I just don't function right anymore. Any thoughts on if I could win this battle?

[Navy04]

I am laughing to my self, because I live on the Famous Lake Fork and I too when they were cheaper used Water Dogs as bait to catch Big Old Bass!!!

[NavyWife]

It's going to be nearly impossible to get a direct service connection for seizures if there are not any seizures noted in your service medical records. Is there anything in your service medical record that might be considered a seizure but not noted as such? I'm talking about if you reported dizziness, lightheadedness, momentary loss of consciousness and it was written in your Service medical records.

If not, Then proving a direct service connection would be very very difficult.

Perhaps there is a possibility of filing for secondary service connection. If you could claim that something you are already service-connected for caused those seizures. Something like a head injury, a medication etc.

If there is nothing like that then I do not think you would have a case for filing for seizures. This is only my opinion and you must do what you think is best. I think it makes the most sense to file for claims that will meet VA's criteria.

Have you read up on TDIU at all? It's a way to get a payment at the 100% rate, if a vet can't work due to the service connected conditions. I understand your concern about being worried they would take away what you are getting. But if your conditions have not gotten better since the last time you were rated, that shouldn't be too much of a worry, not enough to stop,you from filing anyhow. If you do decide to file for TDIU at some point it would really help your case if you went to a vocational rehabilitation counselor, either a private one or through VA, And have them write you a letter stating that you are "unemployable do to your service-connected conditions".

[georgiapapa]

Based on your responses, I have to agree with NavyWife. You will have an uphill battle being service connected for your seizures unless there is some specific information listed in your medical discharge documents which make reference to the seizures. If you were medically discharged for seizures and sleep issues, these conditions should be noted as the reason for your discharge.

If any of your military buddies or superiors were present during your seizures, try to get buddy statements from them stating exactly what they witnessed regarding your seizures. If you are able to substantiate your seizures through witness statements and your own statement, perhaps you can get a neurologist to provide you with an IMO in which the neurologist states "it is as likely as not" that you had seizures during your military service. It may be an uphill battle but what have you got to lose.

Since your sleep issues were documented in your SMRs, any sleep disorders diagnosed from your sleep study should be service connected. A diagnosis of sleep apnea treated with CPAP is an automatic 50% rating if service connected.

Good luck.

[georgiapapa]

The best way to prevent your rating from being reduced is to have your medical provider regularly monitor and treat your service connected conditions so there is a continuity of treatment documented in your medical records which show your conditions have not improved. As long as the records show your conditions are the same or have become worse, your rating should not be reduced. If the records show worsening of your conditions, this will be justification for a rating increase.

Don't wait until you receive your notice for a five year re-evaluation and notice to reduce rating to suddenly start going to the doctor. Keep going on a regular basis. Your good health depends on it and you will be better prepared to fight any proposal to reduce your rating. JMO

[WaterDawgFirst]

Thank all of you for all of your advice. That's a lot of good information.

I do go to the VA doctor's regularly - never miss an appointment.

The only thing I changed was neurology... my VA psychologist found a civilian neurologist to work with since the VA wasn't helpful. Since then, they have had to increase my medication and my psychiatrist writes for control of seizures on the bottles. The neurologist at the VA said nothing was wrong after an EEG and MRI. The outside neurologist found a spot on my brain conducting an MRI. She's conducting a sleep study soon to figure out my rem or seizure issue giving me sleep problems.

I have a psychologist at the VA working with me on the sleep in through some type of cbt program where you record how you sleep while you're trying to sleep (makes no sense). I was sent to him for help with nightmares but he says he really can't do that, just try to help my sleep pattern to maybe help the seizures.

Also, I have a civilian psychologist who I worked with at the VA who moved to private practice. She's starting to work with me on PTSD as asked by my psychologist at the VA.

I haven't been able to consistently work since I was discharged and now I can't work at all. I did ask my psychologist if I'm ever going to get better and she said she really doesn't know, she thinks they can maybe make me function a little better.

I'll be sure to bring the TDIU with my psychiatrist at the VA. It has been a whole year since my grand mal seizure and things have progressively gotten worse.

I know this is all a mess. The connection will the biggest part and the Army did a really good job of gutting my files.

Even though there aren't many notes on my medical condition - my doctors at the VA couldn't get them - there are certain things in a few of my commanders notes that could denote seizures or brain trauma such as me reporting vision changes, them having to put me on sleep medication, and such... I need to look through that again. I wouldn't have thought of those small notes if it wasn't for all of you!

I am very thankful for all of your help. You're making me feel like I'm taking the proper steps to protect myself.

And you all seem right, if I don't make some type of step they certainly will.

THANK ALL OF YOU AGAIN!!!