Fibromyalgia decisions — 2002

The Board has granted a 40 percent evaluation for the veteran's fibromyalgia, which is currently rated as 20 percent disabling. The disability is characterized by constant pain throughout his body, muscle cramping and weakness, fatigue, sleep disturbance, headaches, depression, anxiety, and Raynaud's-like symptoms.

The veteran's claim for a total rating based on individual unemployability is denied as the effective date cannot be earlier than May 8, 1997 due to the one-year rule and his service-connected disability.

The Board denied service connection for fibromyalgia, finding that the condition was not incurred in or aggravated by service and did not have a nexus to a service-connected disability.

The Board finds that the veteran's residuals of a right shoulder injury are properly rated at a 30 percent rating, as his symptoms do not meet or approximate the criteria for a higher evaluation.

The Board has granted a higher rating of 40 percent for the veteran's service-connected fibromyalgia, finding that his symptoms are constant and refractory to treatment.

The Board has determined that the veteran did not file a timely Substantive Appeal with respect to the denial of service connection for fibromyalgia, also claimed as joint impairment. As such, the appeal is dismissed.

The Board has vacated the previous decision and remanded the case for further action due to new legislation, including obtaining additional service records and ensuring compliance with Veterans Claims Assistance Act of 2000.

The veteran's claims for service connection for lichen planus, periodontal disease, degenerative joint disease of the thoracic and lumbar spine, fibromyalgia, and post-traumatic stress disorder have all been denied due to lack of evidence linking these conditions to his military service.,Specifically, there is no competent medical evidence showing a connection between any of these conditions and the veteran's time in service.

The Board found that the veteran's appeals were timely filed, and service connection was granted for his claimed conditions.

The Board has determined that the veteran's current fibromyalgia and hypertensive heart disease are not related to his service or any service-connected disabilities. The claim for right TMJ dysfunction was previously denied, but new evidence does not support reopening this claim.