Multiple sclerosis decisions — 2010

The Veteran's appeal includes claims for increased disability ratings, special monthly compensation, and benefits related to adaptive equipment. The case is being remanded due to the need for additional examinations and records.

The Board has determined that additional development is needed to determine if the Veteran's multiple sclerosis may be related to service, including his active duty from January 1974 to May 1979. The case is being remanded for this purpose.

The Veteran's symptoms of muscle fatigue, shakes, twitching, right hip pain, neck pain, bowel problems, headaches, and skin disorders are attributed to diagnosed conditions (Multiple Sclerosis, cervical strain, degenerative joint disease, functional diarrhea, headache disorder, seborrhea, tinea versicolor) rather than an undiagnosed illness.

The Board has determined that the Veteran's multiple sclerosis was not incurred or aggravated during active duty service and is not otherwise related to service. The claim for service connection is denied.

The Veteran's optic neuritis resulted in right eye corrected visual acuity of 20/400 and left eye visual acuity of 20/20, which does not meet the criteria for a rating higher than 30 percent under VA disability evaluation guidelines.

The Veteran's multiple sclerosis was not incurred in or aggravated by active military service and is not presumed to be related to exposure to herbicide. The Board found insufficient evidence to establish a connection between the disease and service.

The Veteran's service-connected disabilities, particularly multiple sclerosis and associated weakness of the right upper extremity and left and right lower extremity, result in the need for regular aid and attendance of another person. The Veteran has permanent and total service-connected disability due to the loss or use of both lower extremities, such as to preclude locomotion without the aid of braces, crutches, canes, or a wheelchair.

The Board has remanded the case for additional development, including obtaining an addendum to the VA examination report and requesting clarification on when symptoms of multiple sclerosis were manifested within seven years after service.

The Board found that the Veteran's multiple sclerosis did not manifest within 7 years of her discharge from service and thus denied service connection for this condition. The Board also noted that there was no medical evidence linking the in-service symptoms to multiple sclerosis.

The Veteran's claim for a rating in excess of 30 percent for multiple sclerosis is being remanded due to the need for additional examination and development. The Veteran testified that his service-connected multiple sclerosis has worsened, including symptoms such as mood swings, impaired bowel movements, and memory loss.

The Veteran's appeal was denied for increased ratings for various MS-related disabilities, including lower extremity weakness and bladder issues. The RO assigned separate disability ratings for each manifestation of the Veteran's MS.

The Board found that the April 23, 2002 rating decision denying service connection for Multiple Sclerosis did not contain clear and unmistakable error (CUE). The evidence at the time of the decision showed no diagnosis of MS within seven years of discharge.

The Veteran's claims for increased evaluations and SMC are being remanded due to the need for additional VA examinations and treatment records.

The Veteran's MS was initially rated at 30 percent from August 29, 2006 through April 13, 2008. Beginning on April 14, 2008, the Veteran's headaches were found to warrant a 50 percent rating.

The Veteran's appeal is being remanded for additional development, including a VA examination and consideration of whether separate ratings are warranted for various manifestations of her service-connected multiple sclerosis.