Fibromyalgia decisions — 2008

The veteran's appeal has been withdrawn prior to the Board issuing a decision.

The Board has reopened the claim for service connection for a low back disorder due to new evidence submitted, including medical records and an internet article about fibromyalgia. The appellant contends that her current back pain is related to a fall during active duty.

The Board has reopened the claim of service connection for fibromyalgia syndrome, to include as secondary to the service-connected PTSD and dermatophytosis pedis. The veteran's claim is now considered on its merits.

The Board denied the veteran's claim for service connection for fibromyalgia, finding that it was not incurred in or aggravated by her active service and is not proximately due to or the result of her service-connected hypothyroidism and hypoparathyroidism.

The Board has reopened the veteran's claim for service connection for chronic fatigue syndrome and granted it as a presumptive condition due to exposure in the Southwest Asia theater of operations during the Persian Gulf War. The claims for fibromyalgia and irritable bowel syndrome were denied.

The Board denied service connection for joint pain in the knees, legs, hips, hands, and shoulders (claimed as fibromyalgia) and assigned a noncompensable disability rating for GERD. The veteran's claim for an increased evaluation of GERD remains pending.

The Board found no current diagnosis of fibromyalgia and concluded that the veteran's symptoms are not related to service, including exposure to herbicides. As a result, the claim for service connection was denied.

The veteran's fibromyalgia, right hip disability, left hip strain, irritable bowel syndrome, and right foot disability are not shown to be etiologically related to his active service.,The veteran's hypertension is not shown to causally relate to active service. Evidence received since the August 1991 rating decision demonstrates a current diagnosis of hypertension in the context of elevated blood pressure readings during service.,The veteran's low back disability, diagnosed as degenerative disc disease of the lumbar spine, is not shown to be related to his active service and/or caused or aggravated by his service-connected disabilities.,The veteran's left foot disability, specifically hallux valgus, is not shown to causally relate to his active service and/or caused or aggravated by his service-connected disabilities.

The veteran's muscle and joint pain, claimed as due to an undiagnosed illness, is presumed to have been incurred in Gulf War service.

The Board granted TDIU effective from October 1, 2000 through August 5, 2002. The veteran's service-connected disabilities prevented him from securing or following a substantially gainful occupation during this period.

The Board denied an initial evaluation in excess of 10 percent for fibromyalgia of the upper and lower back since May 11, 2006.

The Board has granted service connection for sinusitis with headaches and blurred vision disability, but denied service connection for lung condition, fibromyalgia, low back disorder, bilateral hearing loss, and tinnitus. The decision is based on the reopening of claims due to new evidence provided by the veteran.

The Board has granted an initial rating of 40 percent for the veteran's fibromyalgia, effective from April 14, 2004.

The veteran's service connection for irritable bowel syndrome was granted with a 10% initial rating, and her claim for carpal tunnel syndrome secondary to fibromyalgia was also granted. The veteran's fibromyalgia was also granted with a 10% initial rating.

The Board denied the veteran's claims for service connection for Gulf War Syndrome, fibromyalgia, a disability of the nervous system, cervical spine disability, lumbar spine disability, gastric disability, liver disability, and kidney disability. The reasons given were that the veteran did not serve in Southwest Asia during the Persian Gulf War and Gulf War Syndrome is not considered a recognized condition.

The Board granted service connection for a low back disorder and assigned an initial 20 percent rating retroactively effective from May 6, 1999. The claim for chronic fatigue syndrome was denied.

The Board has remanded the case due to inconsistencies in rating criteria and need for further examination.

The Board has granted service connection for multiple disabilities, including urinary frequency, cold sores (herpes simplex), a depressive disorder, chronic fatigue syndrome, and fibromyalgia. The effective date of the increased rating for the cervical spine disability is set at April 24, 2003.

The Board has determined that the veteran is entitled to a 20 percent rating for fibromyalgia since April 21, 2004. The evidence shows widespread musculoskeletal pain and tender points with fatigue, sleep disturbance, stiffness, paresthesias, headache, irritable bowel symptoms, depression, anxiety, or Raynaud's-like symptoms that are nearly constant.

The Board has determined that the veteran's notice of disagreement was not timely filed, and therefore dismissed their appeal.