The Veteran's claim for an initial rating of 30 percent for multiple sclerosis is denied, and his claim for a total disability rating based on individual unemployability (TDIU) is dismissed as moot due to the assignment of a 100 percent schedular rating for loss of use of both feet.
The deciding factor: The Veteran's service-connected multiple sclerosis resulted in severe impairment to his bilateral lower extremities, leading to a finding that he has 'loss of use of his lower extremities' and is paraplegic. The Board assigned a 100 percent rating for loss of use of the feet as a residual of multiple sclerosis.
- Claimed conditions
- Multiple Sclerosis, Loss of use of both feet
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 100%
- Decision date
- October 23, 2019
- Citation
- 19180690
What this means for you
A grant means the Board agreed the veteran was entitled to the benefit. Decisions like this show the kind of evidence and arguments that tend to succeed for claims like it.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Granted
The Board granted service connection for multiple sclerosis, finding that it manifested to a degree of 10 percent or more within seven years of the Veteran's separation from service.
- Granted
The Board granted the Veteran's entitlement to special monthly compensation (SMC) at the rate under 38 U.S.C. § 1114(o) based on the presence of two SMC(l) awards. The SMC(o) rate is warranted because the Veteran has suffered disability under conditions that would entitle him to two or more of the rates provided in subsections (l) through (n), with no condition being considered twice.
- Denied
The Board denied service connection for loss of use of both hands and feet, as well as higher levels of special monthly compensation based on these conditions.
- Granted
The Veteran was granted an effective date of August 5, 2013, for the award of special monthly compensation (SMC) at various rates based on his service-connected conditions.
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