Fibromyalgia decisions — 2011

The Veteran's claim for service connection for TBI and related symptoms is being remanded due to the need to obtain ship deck logs, VA outpatient records since July 2008, and additional medical examinations.

The Board has remanded the Veteran's claims for service connection for fibromyalgia and sleep apnea, as well as his claim for TDIU due to incompletion of examinations and potential need for additional records.

The Board has granted service connection for an undiagnosed illness, manifested by chronic pain and fatigue, and fibromyalgia, due to service in the Southwest Asia theater of operations during the Persian Gulf War.

The Veteran's Chronic Fatigue Syndrome is rated at the maximum possible rating of 100 percent, and she meets the criteria for SMC based on need for regular aid and attendance.

The Veteran's service connection claims for various conditions, including heart condition, hypertension, sleep apnea, arthritis, restless leg syndrome, fibromyalgia, allergies, and residuals of a right leg injury, were denied as there is no current evidence of these conditions related to his military service or herbicide exposure.

The Veteran is seeking service connection for fibromyalgia, which he contends was caused by inservice low back injuries. The case has been remanded to provide a VA examination and determine the etiology of his fibromyalgia.

The Veteran's appeal is being remanded for additional examinations and consideration of his claims due to outdated VA examination records.

The Board denied the Veteran's claims for earlier effective dates for increased ratings of his service-connected low back disability and fibromyalgia syndrome.

The Veteran's service-connected thoracolumbar strain with degenerative joint disease is currently rated at 10 percent, and the evidence shows that it more nearly approximates a disability picture manifested by forward flexion restricted to less than 60 degrees but not less than 30 degrees based on examination results first demonstrated in November 2009. The Veteran's earlier symptoms did not show findings of muscle spasm, guarding, abnormal mobility, abnormal spine contour, abnormal gait, incapacitating episodes, ankylosis or flexion limited to less than 60 degrees.

The Board finds that the Veteran does not currently have a left knee disorder, fibromyalgia, or chronic fatigue syndrome. The VA examiner's opinions in December 2010 concluded that these conditions are less likely than not related to his service-connected lumbar disc disability.

The Board has determined that the Veteran's fibromyalgia, manifested by multiple joint pain and muscle weakness, had its onset during service and is therefore granted service connection.

The Board has granted service connection for fibromyalgia, finding that the Veteran's symptoms are related to her military service in Saudi Arabia. The claim for an increased rating for a low back disability is addressed in the REMAND portion of this decision.

The Board found that the Veteran's seizure disorder and fibromyalgia were not incurred in or aggravated by her active military service.

The Veteran's claims for service connection for fibromyalgia and arthritis are being remanded due to the need for additional development, including VA examinations.

The Veteran's claims for service connection for various conditions, including fibromyalgia and related disabilities of the neck, thoracic spine, lumbar spine, shoulders, and legs, have been granted.

The Veteran has withdrawn his appeal for both the issue of service connection for fibromyalgia and the issue of an increased evaluation for PTSD. As a result, the appeal is dismissed without prejudice.

The Board denied the Veteran's claims for service connection for PTSD and fibromyalgia, as well as his claim for an increased rating for right shoulder disability. The decision also dismissed the appeal of a previous denial regarding service connection for depression.

The evidence does not support a finding that the Veteran's claimed disorder is due to herbicide exposure or any other event or incident of his period of active service.

The Board found no evidence to support the Veteran's claims for service connection for a right shoulder disorder and fibromyalgia, as both conditions did not onset during or within one year after his military service. The Veteran's testimony regarding causation was deemed unreliable.

The Board finds that the Veteran's claims of service connection for tinnitus, fibromyalgia, gastrointestinal disorder, left upper extremity disorder to include as secondary to Agent Orange exposure, right knee disorder, and left knee disorder are not supported by the evidence. The preponderance of the evidence does not support a finding that these conditions were incurred or aggravated during active service.