Fibromyalgia decisions — 2007

The veteran's appeal has been withdrawn, and the case is dismissed.

The veteran's service-connected fibromyalgia of the upper and lower back was not rated higher than 10 percent for the entire appeal period.

The veteran's claim for additional disability due to an EMG performed at a VA medical facility was denied as there is no evidence of physical injury resulting from the procedure.

The Board has determined that the veteran's fibromyalgia is not related to her service or any other condition, and thus denied her claim for service connection.

The Board denied the veteran's claim for service connection for fibromyalgia caused by exposure to Agent Orange, finding that there was no verifiable evidence of such exposure and that fibromyalgia is not a presumptive disorder under the provisions of 38 C.F.R. § 3.309(e).

The Board denied the veteran's claims for service connection for restrictive lung disorder with dyspnea on exertion and fibromyalgia, both claimed as due to Agent Orange exposure. The appeals were remanded for further action.

The Board denied the veteran's claims for service connection for pseudofolliculitis barbae and fibromyalgia, chronic fatigue syndrome, headaches, abnormal weight loss, sleep disturbances, frequent diarrhea, and memory problems as due to an undiagnosed illness. The evidence did not support a current diagnosis of any of these conditions.

The Board has granted service connection for fibromyalgia and assigned a 40% rating effective from August 26, 2003. The issue of an earlier effective date for the low back disability is remanded.

The Board has determined that there is no evidence of current right wrist, left shoulder, bilateral leg, or fibromyalgia disorders related to service. Therefore, the veteran's claims for these conditions are denied.

The veteran's appeal for service connection for hiatal hernia, glycogen storage disease, diverticulitis, Isaac's syndrome, and fibromyalgia secondary to post-operative small bowel obstruction has been withdrawn.

The Board has determined that the veteran's fibromyalgia was not caused by her active military service and therefore denied her claim for service connection.

The Board has denied a rating in excess of 40 percent for fibromyalgia as the current 40 percent rating is the maximum schedular rating provided for this disability.

The veteran's claims for increased evaluations have been remanded to the RO for a hearing and further review. The case will be returned to the Board after this is completed.

The veteran's initial claim for a higher rating for cervical spine injury was denied as the evidence did not show severe limitation of motion prior to September 26, 2003. The RO assigned the highest possible schedular evaluation (20%) effective from August 14, 2000.,The veteran's initial claim for a higher rating for fibromyalgia was denied as she already received the maximum schedular evaluation (40%) effective from August 14, 2000. The RO found no evidence of exceptional disability picture.

The Board has granted service connection for PTSD and fibromyalgia, finding that the veteran's symptoms are related to her active service.

The Board denied the veteran's claims for ratings in excess of 20 percent for her right and left rhomboid muscle spasm with fibromyalgia, finding that the evidence did not meet the criteria for a higher rating under VA regulations.

The Board denied a rating in excess of 20 percent for fibromyalgia, finding that the veteran's symptoms are present more than one-third of the time and require continuous medication for control. However, there is no evidence that the symptoms are refractory to therapy.

The Board found no competent medical evidence linking the appellant's fibromyalgia to her period of active duty for training (ACDUTRA) and denied her claim.