Multiple sclerosis decisions — 2018

The Veteran's hypothyroidism was granted a rating of 30 percent from June 24, 2011 to July 27, 2015. From July 28, 2015 to July 30, 2018, the Veteran received a 60 percent rating for hypothyroidism. Since July 31, 2018, he has been granted a 100 percent rating. For his right upper extremity muscle weakness associated with multiple sclerosis, the Veteran was initially granted a 20 percent rating in September 2012 and increased to 50 percent in September 2015. From June 24, 2011 to January 8, 2014, he received a 70 percent rating for right upper extremity muscle weakness associated with multiple sclerosis. Since January 9, 2014, the Veteran has been granted an 80 percent rating.

The Board has remanded the case due to inadequate development, including a need for a new VA examination to assess the severity of the Veteran's multiple sclerosis and any related symptoms. The AOJ must also consider whether separate ratings are warranted for each manifestation of the disability.

The Veteran's cause of death was cardiac arrhythmia due to dilated cardiomyopathy, which the Board found less likely than not related to his service-connected conditions. The appellant's claim for service connection for the cause of death is denied.

The Board has determined that additional evidentiary development is necessary for the Veteran's claims of service connection for Multiple Sclerosis and Urinary Retention with Obstructive Uropathy (claimed as kidney failure due to exposure to environmental hazards at Camp Lejeune). Specifically, VA needs to obtain the Veteran’s private medical records from Dr. S and schedule him for a VA examination to determine the nature and etiology of his MS and kidney disorder.

This decision denies service connection for vertigo, eye irritation, a left knee disability, shortness of breath, and a disability manifesting in memory loss, fatigue, and numbness of the left leg (claimed as demyelinating disorder and multiple sclerosis). The claims are remanded due to insufficient evidence regarding the etiology of these conditions.

The Veteran's multiple sclerosis was granted service connection as it manifested within the first seven years after separation from service and is not attributable to intercurrent causes.

The Board denied service connection for Multiple Sclerosis and Antiphospholipid syndrome, finding that the evidence did not support a relationship to active duty service.

The Board has remanded the issues of service connection for Multiple Sclerosis and Residuals of Head Trauma due to insufficient evidence. The Veteran's claims will be reconsidered after obtaining VA examinations.

The Veteran's TDIU was granted effective August 1, 2008, the date he first received service connection for his disabilities.

The Board has decided to remand the case due to incomplete service records and medical records, which may affect the determination of whether the Veteran's Multiple Sclerosis is related to his military service.

The Veteran's claim for an earlier effective date for service connection of multiple sclerosis resulting in loss of use of both feet is denied as the earliest date entitlement arose was May 31, 2013.

The Board has determined that the Veteran's multiple sclerosis manifested within seven years of separation from service and is presumed to have had its onset in service, granting his claim for service connection.

The Veteran's service-connected Multiple Sclerosis has increased in severity, and she needs regular aid and assistance due to her condition. The Board finds a need for a new VA examination to assess the current severity of her disabilities.

The Veteran's right spiral-type carbon ankle-foot orthosis (AFO) was used in 2013, and the Board granted an annual clothing allowance based on this use.

The Board has determined that the Veteran's diagnosed Multiple Sclerosis is related to her active service, resolving all reasonable doubt in favor of the Veteran.

The Board has remanded the case due to insufficient evidence regarding the relationship between the Veteran's multiple sclerosis and her military service.

The Veteran's service connection for multiple sclerosis and other specified trauma and stressor-related disorder is denied as the evidence does not support a finding that these conditions are related to his military service. The Veteran's TDIU claim is also denied because he has no additional disabilities rated at 60% or more, and his non-service-connected multiple sclerosis precludes him from securing and maintaining substantially gainful employment.

The Board has granted service connection for Multiple Sclerosis on a presumptive basis, as the evidence is at least in equipoise that it manifested within seven years of separation from active duty.

The Board has remanded the claims for service connection due to insufficient evidence and need for further examination. The Veteran's lumbar spine condition may be related to his service-connected inguinal herniorrhaphy, but this needs to be confirmed with a VA examination. For multiple sclerosis, the Veteran must provide an authorization for records from his private physician Dr. Nuchovich.

The Veteran's Multiple Sclerosis was diagnosed within seven years of her separation from service and is presumed to be related to her military service.