Multiple sclerosis decisions — 2012

The Board determined that the grant of service connection for multiple sclerosis in August 2008 was clearly and unmistakably erroneous due to a lack of 90 days of continuous active military service, leading to the severance of service connection.

The Veteran's claim for receipt of nonservice-connected pension benefits, including special monthly pension on account of the need for aid and attendance or because of housebound status, is being remanded due to incomplete information and need for further examination.

The Board has ordered additional development to obtain the Veteran's back treatment records and to provide him with a new examination. The claim will be reconsidered after these actions.

The Veteran's MS with neurogenic bladder is currently rated at 60 percent, the maximum schedular rating available. The Board finds that his disability does not meet or approximate the criteria for a higher initial rating.

The Board found that the Veteran's visual field defect due to multiple sclerosis did not meet the criteria for a higher rating, and upheld the reduction of his rating from 20% to 10%. The RO reduced the rating based on sustained improvement in his condition.

The Board has remanded the case for additional development due to incomplete records and further examination.

The Board has determined that further development is needed before the claims can be fully adjudicated. This includes obtaining updated VA treatment records, scheduling a new VA audiological examination to assess the current severity of bilateral hearing loss, and scheduling a TDIU examination.

The Board has determined that further development is needed to determine the earliest date of onset for Multiple Sclerosis and whether it is at least as likely as not related to service. The Veteran's claim will be remanded for these purposes.

The Board has remanded the case due to a failure to provide a copy of the claims file in time for the Veteran's scheduled hearing, and a rescheduled videoconference hearing is requested.

The Board has determined that new and material evidence has been submitted to reopen the Veteran's claim for service connection for multiple sclerosis, which is presumed to have been incurred in active duty due to its manifestation within seven years of separation from service.

The Board has remanded the case for additional development, including obtaining service treatment records and scheduling a VA examination to determine if there were manifestations of sufficient symptoms to support a retrospective diagnosis of Multiple Sclerosis in service or within the presumptive period. The Veteran's claim of entitlement to TDIU is also being remanded as it is inextricably intertwined with his claim for service connection.

The Board has remanded the case for further development, including obtaining a VA neurologist's opinion regarding whether the Veteran's multiple sclerosis manifested within the presumptive period following his separation from service and whether it was directly incurred in active service.

The Veteran's PLS was granted service connection, and the low back disability claim is remanded for further examination.

The Board found that the Veteran's service-connected multiple sclerosis has been manifested by subjective complaints of fatigue, unsteady gait, scarring, and pain, with objective evidence of erectile dysfunction and right eye retrobulbar optic neuritis. The criteria for a disability rating in excess of 30 percent have not been met or more nearly approximated.

The Veteran's appeal has been dismissed due to his death.

The Veteran seeks service connection for multiple sclerosis, which he claims first manifested during his military service. The Board has ordered additional development to obtain relevant medical records and a VA opinion on the etiology of his condition.

The Board finds that the Veteran's multiple sclerosis (MS) manifested within seven years of her separation from active duty service, and grants service connection for MS under the provisions of presumptive service connection.

The Veteran's claim for a higher initial rating for his service-connected PTSD was denied as the symptoms since November 7, 1996, were indicative of no more than occupational and social impairment with reduced reliability and flexibility.

The case is being remanded for further evidentiary development, including additional examination and opinions regarding the Veteran's Multiple Sclerosis.

The Board found that the Veteran's multiple sclerosis did not have its onset or increase in severity during active service and could not be presumed to have been incurred therein.