Multiple sclerosis decisions — 2008

The veteran's claim for a higher rating for special monthly compensation (SMC) at the 'o-rate', based on the loss of use of both hands, was denied due to his failure to report for a required VA examination without good cause.

The Board denied service connection for multiple sclerosis as it was not shown to have had onset during service and is unrelated to an injury, disease, or event of service origin.

The veteran's MS with impairment of the right upper extremity and left upper extremity was rated at 40% and 20%, respectively, while the lower extremities were not found to warrant increased ratings. The rating for urinary incontinence was also granted.

The veteran's claims to reopen service connection for multiple sclerosis, cervical strain, and low back strain were denied as new and material evidence was not received.

The Board has determined that the veteran's multiple sclerosis was manifested within seven years of his discharge from service, and therefore grants service connection for this condition.

The Board has determined that the veteran's service connection claim for multiple sclerosis cannot be granted as there is no evidence showing a causal relationship between her current condition and any period of active duty. The initial disability rating claim for PTSD was also denied, with the veteran not meeting the criteria for an increased evaluation.

The Board has determined that the veteran's multiple sclerosis did not initially manifest during service and may not be presumed to have had its inception during service. The appeal is denied.

The veteran's appeal is being remanded for additional development, including obtaining medical records and scheduling a VA examination to assess the current severity of her service-connected Multiple Sclerosis.

The Board has reopened the veteran's claim for service connection of MS and granted his TDIU based on his PTSD, finding that he is unable to maintain substantially gainful employment due to his PTSD.

The Board has restored service connection for multiple sclerosis, finding that the original grant was not clearly and unmistakably erroneous.

The Board has granted service connection for multiple sclerosis and reopened the claim to reopen based on new evidence. The veteran's current diagnosis of multiple sclerosis is linked to his active duty service.

The Board denied the veteran's request for waiver of recovery of an overpayment of $24,345.61 due to bad faith in creating the overpayment.

The Board found that the veteran's claimed conditions are not related to his participation in Project SHAD and denied all service connection claims.

The Board has remanded the case for additional development, including obtaining medical records and scheduling a neurological examination to determine if the veteran's multiple sclerosis is related to service or developed within seven years after separation.

The Board has determined that a VA examination is necessary to determine if the veteran incurred Multiple Sclerosis in or as a result of active military duty, and whether it manifested within 7 years of discharge from service. The case will be remanded for this purpose.

The veteran is granted special monthly compensation for loss of use of both feet and additional special monthly compensation for the combined effect of multiple sclerosis with other disabilities. The veteran's need for aid and attendance due to weakness in lower extremities, fatigue, and urinary incontinence has also been established.

The veteran is entitled to specially adapted housing due to service-connected Multiple Sclerosis, as it results in loss of use of the right lower extremity and affects balance. The claim for special home adaptation grant is denied as moot.

The veteran has been granted automobile and adaptive equipment or for adaptive equipment only, as well as specially adapted housing or special home adaptation grant due to permanent loss of use of one lower extremity with impairment affecting balance and propulsion.,The decision is based on the service-connected multiple sclerosis resulting in loss of use of one lower extremity and impairment affecting balance and propulsion.

The veteran's appeal is being remanded for additional development, including obtaining medical records and scheduling a VA examination.