Multiple sclerosis decisions — 2021

The Veteran's service connection claim for multiple sclerosis was denied as the evidence did not establish a link between his current condition and his military service.

The Board has remanded the cases for additional development due to failure to address continuity of symptoms and aggravation by service-connected conditions.

The Board has denied the Veteran's claims for service connection for multiple sclerosis, hysterectomy, and oophorectomy as there is no evidence of an in-service injury or disease that could be linked to these conditions. The Board found that the Veteran did not provide sufficient medical evidence to support her claim regarding a tainted anthrax vaccine causing multiple sclerosis.

The Board has denied the reopening of the claim for service connection for Multiple Sclerosis, finding that new and material evidence was not submitted to support the claim.

The Veteran is granted SMC under 38 U.S.C. § 1114(o) and additional monthly allowance based on need for regular aid and attendance (SMC under 38 U.S.C. § 1114(r)(1)). However, she does not meet the criteria for higher level of care needed (SMC under 38 U.S.C. § 1114(r)(2)).

The Board has determined that there was a pre-decisional duty to assist error and the Veteran should have been afforded a VA examination to determine if his Multiple Sclerosis is related to his active military service. The appeal for this issue is now remanded.

The Board denied the veteran's claim for service connection for Multiple Sclerosis, finding that she did not serve on active duty and thus was not a veteran. The Board concluded that her MS is too far removed from her period of Active Duty Training (ACDUTRA) to be considered service-connected.

The Veteran's secondary service connection claim for dry eye syndrome is granted. The Board finds that the Veteran's right and left knee disabilities, including instability, meet the criteria for separate initial 20 percent ratings from August 30, 2010.

The Board has granted the Veteran's claim to reopen their service connection for Multiple Sclerosis, finding that new and material evidence supports a diagnosis of multiple sclerosis during service. The Board also found that there is a causal relationship between the current disability and service.

The Veteran's psychiatric disorder, as a manifestation of his service-connected multiple sclerosis, is granted an increased rating to 70 percent. Separate compensable ratings are assigned for sleep disturbance and right arm sensory changes as manifestations of the service-connected multiple sclerosis. The Veteran also receives special monthly compensation based on loss of use of a creative organ.

The Veteran's claim for service connection for a respiratory disability (claimed as sarcoidosis) is denied. The VA examiner found no objective indications of a chronic disability due to an undiagnosed illness or medically unexplained multisymptom illness.,The Veteran's claim for initial compensable rating for service-connected right ear hearing loss is denied. The VA examination showed that the Veteran has mild hearing impairment in his right ear, which does not meet the criteria for a compensable disability rating.

The Board dismissed the appeal for service connection of Multiple Sclerosis due to the appellant's withdrawal before a decision was made.

The Veteran's claims for increased ratings for multiple sclerosis and related disabilities were denied. The rating for MS with complications prior to August 27, 2013 was denied as the evidence did not show symptoms warranting a higher rating. Ratings for right upper and lower extremity weakness from January 26, 2016 onward were also denied.

The Veteran's claims for service connection for Multiple Sclerosis and Chronic Headache Disability were dismissed as the appeal was not properly initiated under the AMA framework.

The Board has determined that the Veteran's multiple sclerosis did not manifest during service or within the seven-year presumptive period and is otherwise unrelated to service. Therefore, the claim for service connection for multiple sclerosis is denied.

The Veteran's claims for service connection for multiple sclerosis and related disabilities were denied prior to April 12, 2018.,Effective dates prior to April 12, 2018 are not granted for the grants of service connection for multiple sclerosis with loss of bowel, sphincter control; right upper extremity weakness secondary to multiple sclerosis; swallowing difficulties secondary to multiple sclerosis; left upper extremity weakness; and right lower extremity weakness.

The Veteran's appeal was dismissed due to his death, and the Board has no jurisdiction to adjudicate the merits of this appeal.

The Veteran's service connection claim for multiple sclerosis is being remanded due to the need for a VA examination.

The Board has determined that the AOJ committed pre-decisional duty to assist errors in determining whether the Veteran's Multiple Sclerosis is related to service. The AOJ needs to clarify when and whether the Veteran was on active service, consider direct service connection for Multiple Sclerosis, provide an examination to determine the nature and etiology of his disability, and obtain updated treatment records.

The Board denied the Veteran's claim for service connection for a neurological disorder, including ataxia and multiple sclerosis, finding that there was no evidence of such condition during or immediately after service, nor within the applicable presumptive period. The Board also found insufficient evidence to establish continuity of symptomatology.