Citation Nr: 1322307	
Decision Date: 07/11/13    Archive Date: 07/18/13

DOCKET NO.  10-11 565	)	DATE
	)
	)

On appeal from the
Department of Veterans Affairs Regional Office in Houston, Texas


THE ISSUE

Entitlement to service connection for residuals of aseptic spinal meningitis.


REPRESENTATION

Veteran represented by:	Texas Veterans Commission


WITNESS AT HEARING ON APPEAL

Veteran


ATTORNEY FOR THE BOARD

T. Blake, Associate Counsel


INTRODUCTION

The Veteran served on active duty from July 1958 to May 1961.

This case comes before the Board of Veterans' Appeals (Board) on appeal from an October 2008 rating decision of the Department of Veterans Affairs (VA) Regional Office (RO) in Houston, Texas which declined to reopen service connection for residuals of aseptic spinal meningitis.

In October 2012, the Veteran testified at a Board hearing held before the undersigned Veterans Law Judge in Houston, Texas.  A copy of the transcript is of record.  

In a November 2012 decision, the Board reopened the claim of service connection for residuals of aseptic spinal meningitis and remanded the claim for additional development and adjudicative action.  

The Board has not only reviewed the Veteran's physical claims file but also the Veteran's file on the "Virtual VA" system to ensure a total review of the evidence.  

Please note this appeal has been advanced on the Board's docket pursuant to 38 C.F.R. § 20.900(c).  38 U.S.C.A. § 7107(a)(2) (West 2002).


FINDINGS OF FACT

1.  In a January 2013 rating decision, the RO granted service connection for residuals of aseptic spinal meningitis, which represents a full grant of the issue on appeal.

2.  As entitlement to service connection for residuals of aseptic spinal meningitis has been established and implemented, there is no further "controversy" or "justiciable" issue remaining before the Board. 


CONCLUSION OF LAW

The claim of entitlement to service connection for residuals of aseptic spinal meningitis is dismissed for lack of subject matter jurisdiction.  38 U.S.C.A. §§ 1155, 7105(d)(5) (West 2002). 


REASONS AND BASES FOR FINDINGS AND CONCLUSION

Dismissal of Service Connection for Aseptic Spinal Meningitis

The Veteran has appealed to the Board a claim of entitlement to service connection for residuals of aseptic spinal meningitis.  In November 2012 decision, the Board reopened the claim of service connection for residuals of aseptic spinal meningitis.  The Board also remanded the claim for a new VA medical opinion to address whether the Veteran's current symptoms of weight loss, loss of motor skills, loss of upper body strength, fine motor dexterity, and cognitive problems are at least as likely as not caused by the in-service bout of spinal meningitis.

In a January 2013 rating decision, the RO granted service connection for aseptic spinal meningitis and assigned a noncompensable (0 percent) evaluation, effective August 21, 2008.  Accordingly, the issue of entitlement to service connection for residuals of aseptic spinal meningitis is dismissed without prejudice.  38 U.S.C.A. § 7105(d) (West 2002); see Schoen v. Brown, 6 Vet. App. 456, 457 (1994); Sabonis v. Brown, 6 Vet. App. 426, 430 (1994).

Additional Considerations

Ratings for aseptic spinal meningitis, known in VA regulations as "meningitis, cerebrospinal, epidemic" are assigned pursuant to 38 C.F.R. § 4.124a, Diagnostic Code 8019 (2012).  Under this diagnostic code, a minimum 10 percent rating is assigned for ascertainable residuals and 100 percent is provided when meningitis is an active febrile disease.  Id.  It is required for the minimum ratings for residuals under diagnostic codes 8000-8025, that there be ascertainable residuals.  Determinations as to the presence of residuals not capable of objective verification, i.e., headaches, dizziness, fatigability, must be approached on the basis of the diagnosis recorded; subjective residuals will be accepted when consistent with the disease and not more likely attributable to other disease or no disease.  38 C.F.R. § 4.124a, Note.

As noted above, the Veteran was granted service connection for aseptic spinal meningitis in January 2013 and assigned a noncompensable (0 percent) evaluation under Diagnostic Code 8019, effective August 21, 2008.  

Subsequently, in a May 2013 rating decision, separate ratings were assigned for peripheral sensory neuropathy of the right and left upper extremities secondary to the service-connected aseptic spinal meningitis, each assigned at 20 percent disabling, effective August 21, 2008.  

In a June 2013 rating decision, separate ratings were assigned for peripheral sensory neuropathy of the right and left lower extremities secondary to the service-connected aseptic spinal meningitis, each assigned at 10 percent disabling, effective August 21, 2008.  As the combined rating for these four disabilities exceeds 10 percent, they in effect replaced the minimum rating originally assigned under Diagnostic Code 8019 since that date.  

The Board also notes that in a June 2013 Supplemental Statement of the Case (SSOC), the RO denied entitlement to service connection as secondary to the service-connected aseptic spinal meningitis for (1) weight loss, (2) upper body weakness, (3) cognitive impairment, and (4) chronic fatigue syndrome.  The Board finds the veteran has not initiated an appeal with these determinations, thus those issues are not currently before the Board on appeal.  The Board has no jurisdiction over any other claims. 




ORDER

The appeal as to the issue of entitlement to service connection for residuals of aseptic spinal meningitis is dismissed.



____________________________________________
JOHN J. CROWLEY
Veterans Law Judge, Board of Veterans' Appeals



Department of Veterans Affairs