Citation Nr: 21028357 Decision Date: 05/11/21 Archive Date: 05/11/21 DOCKET NO. 16-58 973 DATE: May 11, 2021 ORDER Entitlement to service connection for multiple sclerosis is granted. FINDING OF FACT Resolving reasonable doubt in her favor, the Veteran's multiple sclerosis manifested to a compensable degree within seven years of his separation from service. CONCLUSION OF LAW The criteria for entitlement to service connection for multiple sclerosis are met. 38 U.S.C. §§ 1110, 1112, 1113, 5107 (2012); 38 C.F.R. §§ 3.102, 3.303, 3.307, 3.309 (2020). REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran served in the Air Force from June 1999 to June 2008. This matter comes before the Board of Veterans' Appeals (Board) on appeal from an April 2016 rating decision of a Department of Veterans Affairs (VA) Regional Office (RO). In August 2019, the Veteran testified at a videoconference Board hearing before the undersigned Veterans Law Judge. A transcript of that proceeding is of record. 1. Entitlement to service connection for multiple sclerosis Service connection may be granted for disability resulting from disease or injury incurred in or aggravated by active service. 38 U.S.C. § 1110; 38 C.F.R. § 3.303. The three-element test for service connection requires evidence of: (1) a current disability; (2) in-service incurrence or aggravation of a disease or injury; and (3) a causal relationship between the current disability and the in-service disease or injury. Shedden v. Principi, 381 F.3d 1163, 1166 -67 (Fed. Cir. 2004). Certain chronic diseases will be presumed related to service if they were shown as chronic (reliably diagnosed) in service; or, if they manifested to a compensable degree within a presumptive period following separation from service; or, if they were noted in service, with continuity of symptomatology since service that is attributable to the chronic disease. 38 U.S.C. §§ 1101, 1112, 1113, 1137; Walker v. Shinseki, 708 F.3d 1331, 1338 (Fed. Cir. 2013); Fountain v. McDonald, 27 Vet. App. 258 (2015); 38 C.F.R. §§ 3.303, 3.307, 3.309. Service connection for multiple sclerosis may be established on a presumptive basis by showing that such disease manifested itself to a degree of 10 percent or more within seven years from the date of separation from active service. 38 U.S.C. § 1112; 38 C.F.R. §§ 3.307, 3.309. Here, the Veteran has a current diagnosis of multiple sclerosis, made in February 2016. See, e.g., March 3, 2016 private treatment record. Therefore, the current diagnosis requirement is met. Thus, the issue here is whether the multiple sclerosis manifested either in service or to a compensable degree within seven years of service such that an award of benefits may be made under 38 C.F.R. §§ 3.307(a)(3) and 3.309(a). Service treatment records are negative for a diagnosis of multiple sclerosis. The Veteran separated from service in June 2008. Accordingly, there needs to be evidence of manifestations of multiple sclerosis to a compensable degree by June 2015. In a March 3, 2016 treatment note, the Veteran's private neurologist noted his multiple sclerosis is likely relapsing remitting, going back many years probably to when he was experiencing symptoms such as the neck and back tightness with pain and numbness radiating down the right leg. In a November 2016 letter, the physician stated that a review of the Veteran's VA treatment records confirmed he had numbness in the right foot beginning May 2014 that was not explained by imaging at that time including x-rays. The physician opined that this was probably related to multiple sclerosis in retrospect. The complaints of back pain in service treatment records not resulting from a precipitating event and the normal lumbar spine x-ray at the time of the March 2010 VA examination lend support to the statements from the private neurologist, as does the complaint of numbness of the feet in 2014, which is during the presumptive period. Upon review of the record and after resolving all doubt in favor of the Veteran, the Board finds the evidence is at least in equipoise as to whether the Veteran's multiple sclerosis manifested to a compensable degree within seven years following discharge from service. Accordingly, the claim for service connection for multiple sclerosis is granted. K. A. BANFIELD Veterans Law Judge Board of Veterans' Appeals Attorney for the Board G. N. Wilson, Associate Counsel 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.