Fibromyalgia decisions — 2011

The Veteran's appeal is being remanded for additional development and to address due process concerns. A video-conference hearing before a Veterans Law Judge will be scheduled at the RO.

The Veteran's IBS was rated at 30 percent since March 6, 2006. The rating is the maximum available under Diagnostic Code 7319.

The Veteran's appeal is being remanded for further development, including VA examinations and the issuance of a statement of the case regarding an initial evaluation in excess of 0 percent for allergic rhinitis.

The Veteran's service in the Southwest Asia theater of operations has been confirmed, and he is presumed to have a qualifying chronic disability. The Board finds that his fatigue/chronic fatigue syndrome does not meet the criteria for presumptive service connection under 38 C.F.R. § 3.317.

The Board has ordered a remand to obtain an updated VA examination for the Veteran's fibromyalgia and osteoarthritis, as well as to clarify the etiology of these conditions. The case will be returned to the RO for further adjudication.

The Veteran's fibromyalgia was granted a 40 percent rating effective June 10, 2009. The claim for higher ratings remains pending.

The Board has granted service connection for fibromyalgia due to anthrax vaccinations administered during inactive duty training. The issue of service connection for dysthymic disorder is remanded as the VA examination did not address whether it is secondary to fibromyalgia.

The Veteran's appeal is being remanded to the RO for additional development of his claims, including obtaining treatment records and arranging for VA examinations.

The Veteran is granted service connection for coronary artery disease, depressive disorder secondary to coronary artery disease, and sleep apnea as secondary to PTSD. Service connection was denied for a back disability, fibromyalgia, gastrointestinal disorder, and sexual dysfunction.

The Veteran's claims are being remanded to determine if his claimed disabilities are related to vaccinations received in service, and for a VA examination.

The Board has determined that the Veteran's claims for service connection for various conditions, including diabetes mellitus, type II and eczema (claimed as rash/itching), are denied due to lack of evidence linking these conditions to his active service or herbicide exposure.

The Veteran's appeal is being remanded for a VA examination to determine if his fibromyalgia was directly caused by his military service or aggravated by his service-connected rheumatoid arthritis.

The Veteran's intervertebral disc syndrome of the lumbar spine is currently rated at 20 percent, and he is granted a separate compensable rating for right lower extremity radiculopathy. The left lower extremity radiculopathy remains at 10 percent.

The Veteran's service connection claims for PTSD, peripheral neuropathy of the bilateral lower extremities, and fibromyalgia are all granted. The Veteran experienced traumatic events during his service in the Persian Gulf War, which led to a diagnosis of PTSD. His fibromyalgia is considered an undiagnosed illness related to his service.

The Veteran's claim for fibromyalgia was granted with an effective date of December 20, 2011. The left shoulder injury claim has not been reopened.

The Veteran's lumbosacral strain with degenerative disc disease and limitation of motion is rated at 40 percent, which is the maximum schedular rating available. The right and left knee disabilities are each rated at 10 percent for arthritis and limitation of motion.

The Veteran's fibromyalgia was found to have manifested during his period of active military service, and the Board granted service connection for this condition.

The Board denied the Veteran's claims for service connection for fibromyalgia and a lumbar spine disability, finding that there was no evidence of onset during service or within one year after separation. The disabilities were not shown to be related to an injury or disease in service.

The Board found no clear and unmistakable error in the May 10, 2006 rating decision that denied service connection for fibromyalgia. The evidence considered included private medical records, service records, VA outpatient treatment records, and VA examinations.

The Veteran's claims for increased ratings and service connection have been denied. The maximum schedular rating of 40 percent has been assigned for fibromyalgia, which is the highest available under the applicable diagnostic code.