Citation Nr: 20035292
Decision Date: 05/20/20	Archive Date: 05/20/20

DOCKET NO. 16-21 586
DATE: May 20, 2020

ORDER

Entitlement to service connection for primary lateral sclerosis (PLS), as a variant of amyotrophic lateral sclerosis (ALS), is granted.

FINDING OF FACT

Resolving reasonable doubt in his favor, the Veteran's PLS is a variant of ALS.

CONCLUSION OF LAW

The criteria for service connection for PLS, as a variant of ALS, are met.  38 U.S.C. §§ 1110, 5107; 38 C.F.R. §§ 3.102, 3.303, 3.318.

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran had active service from January 1970 to January 1974.

The Veteran contends that his diagnosed PLS is a variant of ALS and is therefore subject to presumptive service connection.  The Board finds the preponderance of the evidence shows that PLS is indeed a variant of ALS and that, therefore, presumptive service connection for the Veteran’s PLS is warranted.

Service connection may be granted for a disability resulting from disease or injury incurred in or aggravated by active service.  38 U.S.C. § 1110.  Generally, the evidence must show: (1) the existence of a present disability; (2) in-service incurrence or aggravation of a disease or injury; and (3) a causal relationship between the present disability and the disease or injury incurred or aggravated during service.  Shedden v. Principi, 381 F.3d 1163, 1166 -67 (Fed. Cir. 2004); Caluza v. Brown, 7 Vet. App. 498, 505 (1995).

38 C.F.R. § 3.318 establishes a presumption of service connection for ALS for any veteran who develops ALS at any time after separation from service, unless (1) there is affirmative evidence it was not incurred in, or aggravated by, service; (2) there is affirmative evidence that it is due to the Veteran’s willful misconduct; or (3) the Veteran did not have continuous active service of 90 days or more.

Here, it is clear the Veteran has been diagnosed with PLS, as opposed to ALS.  An April 2015 note from the Veteran’s treating VA physician indicates that PLS is considered a variant of ALS and should be treated as such, including a reference to medical literature.  There is no evidence showing that PLS is not a variant of ALS or a showing of any evidence to rebut the presumption of service connection for ALS. Thus, the Board finds that the medical evidence of record shows that it is at least as likely as not that his neurological disability, PLS, is a variant of ALS, and warrants presumptive service connection under 38 C.F.R. § 3.318. 

 

 

THERESA M. CATINO

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	M.E. Lee

The Board’s decision in this case is binding only with respect to the instant matter decided. This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.