Below are some excerts from 38 CFR pertaining to MS.
3.307 Presumptive
service connection for chronic, tropical or prisoner-of-war related disease, or disease associated with exposure to certain
herbicide agents; wartime and service on or after January 1, 1947.
(a) General. A chronic, tropical, prisoner
of war related disease, or a disease associated with exposure to certain herbicide agents listed in §3.309 will be considered
to have been incurred in or aggravated by service under the circumstances outlined in this section even though there is no
evidence of such disease during the period of service. No condition other than one listed in §3.309(a) will be considered
chronic.
(1) Service. The veteran must have served 90 days or more during a war period or after December 31,
1946. The requirement of 90 days' service means active, continuous service within or extending into or beyond a war period,
or which began before and extended beyond December 31, 1946, or began after that date. Any period of service is sufficient
for the purpose of establishing the presumptive service connection of a specified disease under the conditions listed in §3.309(c)
and (e).
(2) Separation from service. For the purpose of paragraph (a)(3) and (4) of this section the date
of separation from wartime service will be the date of discharge or release during a war period, or if service continued after
the war, the end of the war period. In claims based on service on or after January 1, 1947, the date of separation will be
the date of discharge or release from the period of service on which the claim is based.
(3) Chronic disease. The
disease must have become manifest to a degree of 10 percent or more within 1 year (for Hansen's disease (leprosy) and
tuberculosis, within 3 years; multiple sclerosis, within 7 years) from the date of separation from service as specified in
paragraph (a)(2) of this section.
3.309 Disease subject to presumptive
service connection. (a) Chronic diseases. The following diseases shall be granted service connection
although not otherwise established as incurred in or aggravated by service if manifested to a compensable degree within the
applicable time limits under §3.307 following service in a period of war or following peacetime service on or after January
1, 1947, provided the rebuttable presumption provisions of §3.307 are also satisfied.
Sclerosis, multiple
4.120 Evaluations by comparison.
Disability in
this field is ordinarily to be rated in proportion to the impairment of motor, sensory or mental function. Consider especially
psychotic manifestations, complete or partial loss of use of one or more extremities, speech disturbances, impairment of vision,
disturbances of gait, tremors, visceral manifestations, injury to the skull, etc. In rating disability from the conditions
in the preceding sentence refer to the appropriate schedule. In rating peripheral nerve injuries and their residuals, attention
should be given to the site and character of the injury, the relative impairment in motor function, trophic changes, or sensory
disturbances.
4.124a Schedule of ratings—neurological conditions
and convulsive disorders.
[With the exceptions noted, disability from the following
diseases and their residuals may be rated from 10 percent to 100 percent in proportion to the impairment of motor, sensory,
or mental function. Consider especially psychotic manifestations, complete or partial loss of use of one or more extremities,
speech disturbances, impairment of vision, disturbances of gait, tremors, visceral manifestations, etc., referring to the
appropriate bodily system of the schedule. With partial loss of use of one or more extremities from neurological lesions,
rate by comparison with the mild, moderate, severe, or complete paralysis of peripheral nerves]
[With the
exceptions noted, disability from the following diseases and their residuals may be rated from 10 percent to 100 percent in
proportion to the impairment of motor, sensory, or mental function. Consider especially psychotic manifestations, complete
or partial loss of use of one or more extremities, speech disturbances, impairment of vision, disturbances of gait, tremors,
visceral manifestations, etc., referring to the appropriate bodily system of the schedule. With partial loss of use of one
or more extremities from neurological lesions, rate by comparison with the mild, moderate, severe, or complete paralysis of
peripheral nerves]
[With the exceptions noted, disability from the following diseases and their residuals may be rated
from 10 percent to 100 percent in proportion to the impairment of motor, sensory, or mental function. Consider especially
psychotic manifestations, complete or partial loss of use of one or more extremities, speech disturbances, impairment of vision,
disturbances of gait, tremors, visceral manifestations, etc., referring to the appropriate bodily system of the schedule.
With partial loss of use of one or more extremities from neurological lesions, rate by comparison with the mild, moderate,
severe, or complete paralysis of peripheral nerves]
Organic
Diseases of the Central Nervous System
| 8018 Multiple sclerosis: | Rating |
| Minimum rating | 30 |