Multiple sclerosis decisions — 2009

The Board has remanded the case for a new VA examination to determine if the Veteran had manifestations of multiple sclerosis during military service and within the first seven years following his separation from service.

The Veteran's service-connected Multiple Sclerosis (MS) residuals, including right upper and lower extremity weakness, left upper extremity weakness with carpal tunnel syndrome, left and right otic neuritis, intermittent slurring of speech (stutter), and neurogenic bladder, are rated at a combined 70 percent. The Veteran's psychiatric symptoms are separately evaluated.

The Veteran's appeal for service connection for multiple sclerosis is being remanded due to the need for additional VA treatment records and consideration of new evidence.

The Board found that the Veteran's Multiple Sclerosis was not incurred in or aggravated by active service, nor may it be presumed to have been so incurred. The claim for a disability rating in excess of 20 percent for Hepatitis B is addressed separately.

The Board has determined that new and material evidence had been received to reopen the claim of service connection for Multiple Sclerosis, which was previously denied in August 1997. The Veteran's current medical opinion supports a finding that his Multiple Sclerosis is related to military service.

The Veteran's PTSD is related to in-service stressors and has been granted service connection.,Multiple Sclerosis was diagnosed after the presumptive period, but its onset during service is supported by medical evidence.

The Veteran's claims for service connection are being remanded due to the need for additional development, including obtaining VA treatment records and providing a comprehensive examination.

The Veteran's claim for service connection for multiple sclerosis was denied in a January 2002 rating decision. The RO will reconsider the claim on the merits due to additional relevant service treatment records received from the Veteran.

The Board found that the Veteran's diagnosed multiple sclerosis did not manifest within seven years of separation from active service, and thus denied his claim for service connection.

The Board has decided to remand the case for further development, including a VA examination and an opportunity for the Veteran to submit lay statements demonstrating symptoms of Multiple Sclerosis within seven years of her separation from service.

The Board has ordered a remand to obtain clarification from the VA examiner regarding when a definite diagnosis of multiple sclerosis was first supported by medical evidence and whether it is at least as likely as not that identifiable symptoms were manifested during service or within seven years after discharge.

The Veteran's PTSD is rated at 30 percent, and his claim for service connection of Multiple Sclerosis remains pending due to the need to locate relevant medical records from Kaiser Permanente.

The Veteran's claim for an increased rating for her service-connected Multiple Sclerosis was granted, with a combined evaluation of 70 percent. The specific manifestations were rated separately: 30 percent for Lhermitte's sign, 20 percent for sensory loss in the right upper extremity, and 10 percent each for sensory loss in the right lower extremity and fatigue/heat intolerance.

The Board has found that the Veteran's multiple sclerosis is presumed to have incurred in service, and thus grants the claim for service connection.

The Board has reopened the Veteran's claim for service connection for multiple sclerosis due to new and material evidence. The condition is presumed to have been incurred in or aggravated by service.

The Veteran's appeal is remanded due to the need for additional medical examinations and evaluations to accurately rate her service-connected multiple sclerosis.

The Veteran's service-connected lumbar degenerative disc disease and chondromalacia patella (right and left knees) are not shown to warrant evaluations in excess of 20 percent or 10 percent, respectively.

The Board has granted service connection for Multiple Sclerosis and an increased rating of 20 percent for Right Knee Disability. The Veteran's MS is presumed to have been incurred in service, while his right knee disability warrants a higher rating based on the severity of symptoms.

The Board found that the original grant of service connection for multiple sclerosis was not clearly and unmistakably erroneous, thus denying the request to sever the existing service connection.

The Board has remanded the case to clarify the period of service during which the VA examiner believed that the Veteran had symptoms of multiple sclerosis. The claims for service connection will be readjudicated based on all available evidence, including new private medical records.