Multiple sclerosis Board decisions

The Board has determined that the April 2023 decision by the AOJ was legally inadequate due to a duty-to-assist error and has remanded the case for further action.

The Veteran's claim for a higher rating for her multiple sclerosis with insomnia, adjustment disorder, mixed anxiety, and depressed mood is granted. A separate 60 percent rating for fatigue as a residual of multiple sclerosis is also granted.

The Veteran's appeal for an increased rating of his service-connected right lower extremity disability is denied. The Board found that the evidence did not support a higher evaluation than the current 20 percent assigned.

The Veteran's service connection for Multiple Sclerosis (MS) was granted effective August 10, 2022. This decision also grants the Veteran an initial rating of 100% for MS.,Effective August 10, 2022, the Veteran is now entitled to DEA benefits based on his service-connected MS.

The Board has granted earlier effective dates of October 20, 2021 for the service connection of Multiple Sclerosis and its associated conditions (right lower extremity sciatic nerve involvement affecting gait, visual defects, and erectile dysfunction).

The Veteran's Multiple Sclerosis is found to have started during his military service and continues since then, granting service connection.

The Board has determined that the evidence is insufficient to establish service connection for Multiple Sclerosis on a direct or presumptive basis. The Veteran's symptoms are not linked to his periods of active duty, and there are no records showing any in-service onset or exposure events. However, the Board finds the record inadequate to make a determination due to missing information about the Veteran's ACDUTRA dates. Therefore, the case is being remanded for further development.

The Board denied the veteran's request for an effective date prior to December 15, 2023, for the award of a total disability rating based on individual unemployability (TDIU) as there was no factually ascertainable increase in his service-connected disabilities that rendered him unemployable within one year prior to December 15, 2023.

The Veteran's appeal for an increased disability rating for Multiple Sclerosis has been dismissed as he withdrew his appeal prior to the Board making a decision.

The Board has determined that the Veteran meets the eligibility criteria for PCAFC benefits due to his service-connected disabilities and need for personal care services. However, further evaluation is needed to determine if it is in the best interest of the Veteran to participate in the program.

The Veteran's bowel incontinence, bladder incontinence, and peripheral neuropathy left lower extremity (including foot drop and Morton's neuroma) have been granted SMC(l), SMC(o), and SMC(r)(1).

The Board has remanded the claims of service connection for Multiple Sclerosis and Special Monthly Compensation (SMC) based on the need for regular aid and attendance/housebound status due to inadequate medical opinions, new evidence submitted by the Veteran, and inextricably intertwined issues.

The Board has granted service connection for Multiple Sclerosis, finding that it was presumed to have been incurred during active service due to its manifestation within seven years of separation.

The Veteran's service connection claims for PTSD, alcohol and cocaine abuse disorder, and multiple sclerosis are all granted. The claim for multiple sclerosis is based on a current diagnosis within the 7-year presumptive period after separation from service.

The Veteran's appeal for an earlier effective date prior to January 27, 2006 for service connection of multiple sclerosis with right internuclear ophthalmoplegia has been withdrawn. The claim for bilateral hearing loss is denied.,The Board has remanded the claims of entitlement to service connection for a left eye disability associated with multiple sclerosis and for an increased rating for multiple sclerosis.

The Board denied the Veteran's claim for an earlier effective date for service connection of Multiple Sclerosis, Mood Disorder, Depression, and Dementia due to a lack of evidence supporting an earlier effective date than November 7, 2022.

The Veteran's claims for a compensable evaluation for service-connected migraine headaches and an evaluation in excess of 30 percent for service-connected multiple sclerosis have been denied. The evidence does not support the assignment of higher ratings under the applicable rating criteria.

The Board has remanded several claims related to the Veteran's service-connected multiple sclerosis, including those for higher ratings and an effective date prior to May 19, 2018. The right lower extremity neurological disability claim is also on appeal.

The Board has determined that the July 1, 2020, VA Form 9 was timely filed and thus grants the appeal for the evaluation of service-connected PTSD, total disability rating based on individual unemployability (TDIU), and service connection for erectile dysfunction, diabetes, and multiple sclerosis.

The Board has granted service connection for sarcoidosis and multiple sclerosis, finding that the conditions are related to in-service exposure to herbicide agents, specifically Agent Orange.