Multiple sclerosis decisions — 2004

The Board denied the veteran's claims for service connection for multiple sclerosis, all cervical and left upper extremity disorders however diagnosed, and an increased rating for a cervical spine disorder characterized as cervical arthralgia with possible C-1-C2 articular surface narrowing.

The Board has determined that the veteran does not currently have any residuals of multiple sclerosis, and therefore, there is no basis to grant an increased evaluation for this condition.

The Board found that the cause of death, ischemic cardiomyopathy, was not caused or contributed to by any service-connected disability. The veteran's other conditions were attributed to various non-service-related factors.

The veteran's urinary frequency due to her service-connected multiple sclerosis is now rated at 40 percent.

The veteran's agoraphobia is manifested by moderate occupational and social impairment, warranting a 30 percent rating.

The Board found that the veteran does not have MS and did not have spinocerebellar degeneration during active duty or within one year of discharge from active duty, and it is not otherwise related to active service.

The Board has determined that the veteran's Multiple Sclerosis is a result of disease or injury incurred in service, granting service connection for MS.

The veteran's claims for service connection for multiple sclerosis and post-traumatic stress disorder are being remanded due to the need for further development of evidence.

The Board denied the veteran's claim for service connection for Multiple Sclerosis, finding no evidence of a causal link between his in-service symptoms and current disability. The Board also noted that MS is not presumed to be related to exposure to herbicides.

The Board has reopened the veteran's claim for service connection due to new evidence showing that his multiple sclerosis may have manifested shortly after service. The disability is rated at 30% under the presumptive provisions of VA law.

The Board denied the veteran's claim for service connection for the cause of her death and eligibility for Survivors' and Dependents' Educational Assistance benefits, finding that there was no evidence to support a causal link between any service-connected condition and her death.

The veteran's service-connected nystagmus of the left eye is currently rated at 10 percent and no higher, as there are no provisions in the rating schedule for a higher rating.

The Board has determined that the veteran's multiple sclerosis is presumed to have been incurred in service, as it manifested within seven years of his separation from active duty.

The Board has determined that the veteran's generalized anxiety disorder with history of schizophrenia and multiple sclerosis are both service-connected.

The Board denied the veteran's motion for an effective date prior to August 29, 1989 for service connection for multiple sclerosis based on a claim of clear and unmistakable error (CUE) in a previous Board decision from February 8, 1985. The current motion is dismissed with prejudice.

The veteran's service-connected disabilities, including optic neuritis, glaucoma, diplopia, and a right eye cataract due to multiple sclerosis, weakness of the Right Lower Extremity (RLE), weakness of the Right Upper Extremity (RUE), weakness of the Left Lower Extremity (LLE), and lumbosacral strain due to multiple sclerosis, are all rated at 40 percent.

The Board has determined that the veteran's multiple sclerosis is presumed to have been incurred in service, and granted service connection for this condition.

The Board has determined that new and material evidence has been received to reopen claims for service connection for hemorrhoids, low back disorder (previously characterized as developmental anomaly of the lumbar spine), hypertension, edema of the feet, ankles, hands, abdomen, and face, diabetes mellitus, abnormal laboratory findings, fibromyalgia, lupus, multiple sclerosis, liver disability (to include cirrhosis), respiratory (lung) disability, osteoarthritis of the major and minor joints, eye disability, tremors of the upper extremities, carpal tunnel syndrome, Meniere's syndrome, headaches with dizziness, nausea, and lightheadedness, chronic Candida, low back pain with pain radiating into the hips (previously characterized as developmental anomaly of the lumbar spine), an acquired hamstring disorder, an acquired bilateral hip disorder, a bilateral knee disorder, and a bilateral elbow disorder. However, service connection is not established for any of these conditions.

The veteran's appeal is being remanded due to the need for further development of evidence, including obtaining VA and private medical records, as well as Social Security Administration (SSA) disability benefits award records. The case will be reviewed by the RO after these additional steps are completed.

The VA denied an initial, noncompensable evaluation for residual scars from a gunshot wound to the right arm and back. The RO found that none of the veteran's scars resulted in any limitation of function of the affected parts, and there was no objective evidence showing tenderness or pain on examination.