Multiple sclerosis decisions — 2016

The Veteran's claims for service connection for multiple sclerosis, peripheral neuropathy, and residuals of a traumatic brain injury have been denied as there is no clear and convincing evidence to the contrary. The Veteran's neurologic disorder was primarily diagnosed as small vessel disease of the head, which does not meet the criteria for service connection.

The Board has remanded the case due to insufficient evidence regarding the Veteran's exposure to ionizing radiation and the potential connection between his multiple sclerosis and service. The VA will obtain relevant records, conduct a dose estimate if possible, and consider whether the Veteran's claim should be considered under the provisions for radiogenic diseases.

The Veteran's claim for an earlier effective date for the award of service connection for multiple sclerosis is dismissed as there was no prior pending claim and the appellant did not meet the requirement of having been married to the Veteran for at least eight years immediately preceding his death.

The Veteran's appeal is being remanded for further development, including verification of chemical exposure and a VA examination to determine if his multiple sclerosis and antiphospholipid syndrome disabilities are related to service.

The Board has granted service connection for Multiple Sclerosis and finds that the Veteran's current disability is at least as likely as not caused by his in-service bout with infectious mononucleosis. The effective date of this grant will be determined after a rating decision assigns a specific disability rating.

The Veteran withdrew his appeal regarding the reopening of his claim for service connection for multiple sclerosis.,The Board has reopened the Veteran's claim for service connection for tinnitus based on new and material evidence.

The Board finds that the Veteran's multiple sclerosis manifested within seven years of his discharge from military service and grants service connection for this condition.

The Veteran's claims for increased evaluations have been remanded and will be reconsidered in light of the effective dates granted for his service-connected multiple sclerosis.

The Veteran seeks a higher rate of special monthly compensation due to his service-connected Multiple Sclerosis and related disabilities. The case is being remanded for additional development, including obtaining more recent medical records and scheduling the Veteran for another VA examination.

The Veteran's multiple sclerosis is presumed to have been incurred in service due to exposure to d-Phenothrin, but the Board finds that the evidence is at least evenly balanced as to whether it manifested within seven years of discharge.,Service connection for thyroid cancer is denied because there is no competent and credible evidence linking the condition to service or exposure to d-Phenothrin. The Veteran's private and VA treatment records do not attribute her thyroid cancer to service.,The Board finds that service connection for scleroderma and Raynaud's syndrome is not warranted on a direct basis as there is no medical evidence linking these conditions to the Veteran's service, including exposure to d-Phenothrin.

The Board has determined that a separate 30 percent rating for multiple sclerosis is not warranted as the ratings schedule does not provide for such a rating. The Veteran's disability is currently rated at 50 percent due to optic neuritis with multiple sclerosis, and he also receives a separate 30 percent rating for migraine headaches secondary to his service-connected condition.

The Veteran meets the service requirements for Vietnam service and is permanently and totally disabled from nonservice-connected disability not due to his willful misconduct. The appeal is granted.

The Board has determined that the Veteran's multiple sclerosis manifested to a compensable degree within seven years after his discharge from active duty, and therefore service connection is granted.

The Veteran's claim for an initial rating in excess of 30 percent for MS prior to May 24, 2010, and a TDIU rating from November 13, 2006, to May 24, 2010, was denied as the evidence did not meet the criteria for these ratings.

The Board has determined that the Veteran's back disability and multiple sclerosis are related to his military service, with the latter being secondary to the former.

The Board has determined that the Veteran's multiple sclerosis first manifested within seven years following her separation from active service, and thus service connection is granted.

The Veteran's bilateral hearing loss disability, chronic groin fungus, loss of cognitive senses, and osteoporosis are all found to be secondary to his service-connected multiple sclerosis.,Special monthly pension benefits have been granted due to the Veteran's need for aid and attendance.

The Board has ordered a remand to obtain additional VA treatment records and to schedule the Veteran for a VA examination to determine the nature, extent, onset, and etiology of his multiple sclerosis. The Veteran's claim will be readjudicated after these actions.

The Board has reopened the claim of entitlement to service connection for multiple sclerosis and granted it, finding that there is at least an approximate balance of positive and negative evidence in favor of the Veteran's claim.

The Board finds that the Veteran's multiple sclerosis initially manifested to a compensable degree within seven years after separation from service, and therefore, presumptive service connection for multiple sclerosis must be granted.