Fibromyalgia decisions — 2015

The Veteran's appeals for service connection were denied. The Board notes that the Veteran withdrew his appeal regarding entitlement to an effective date earlier than February 12, 2009, for the grant of service connection for bursitis of the right elbow and osteomyelitis, to include on a secondary basis.

The Veteran's claims for service connection have been granted, with the exception of her claim for alcohol dependence. The Board found new and material evidence to reopen her claims for depression, headaches, fibromyalgia, a sleep disorder (including sleep apnea and chronic fatigue syndrome), and awarded service connection for these conditions.

The Veteran's appeal is being remanded to provide her with a Board video conference hearing on the issues of service connection for various conditions and increased ratings.

The Board has dismissed the issue of entitlement to a rating in excess of 40 percent for fibromyalgia on an extraschedular basis as it is not within the jurisdiction of the Board.

The Veteran's hypertension and heart disorder are not related to service, including in-service chemical exposure.,The Veteran's fibromyalgia is currently diagnosed but the relationship to service is unclear.

The Board has granted service connection for the Veteran's low back disability, prostate disorder, skin disorder, bilateral upper and lower extremity peripheral neuropathies, fibromyalgia, ischemic heart disease, and sleep disorder. The claims are based on direct service connection rather than a presumption or exposure basis.

The Veteran's appeal was denied as his claims for service connection were not substantiated by the evidence of record. The Board found that there was no direct or secondary service connection for any claimed conditions.

The Veteran's claimed conditions, including fibromyalgia and shoulder pain, are not related to service or any service-connected disability. The Board finds that the claims for these conditions must be denied.

The Board has determined that new and material evidence has been received to reopen the claim for service connection for fibromyalgia. The Veteran's in-service complaints of leg pain, fatigue, and gastrointestinal distress are considered 'classic and undeniable' evidence of fibromyalgia features.

The Board has denied the Veteran's claims for service connection for various conditions, including a right ankle disability, sleep disorder secondary to PTSD, GERD and gastrointestinal issues secondary to PTSD, erectile dysfunction secondary to PTSD, fibromyalgia secondary to PTSD, cervical spine disability, and loss of teeth #8 and #9. The primary issue is that the Veteran's claims are based on service connection for PTSD, which does not meet the criteria for direct service connection.

The Veteran's service connection claims for a gastrointestinal disorder and fibromyalgia have been granted, with the gastrointestinal disorder receiving a 10% rating.

The Veteran's left foot disability, including tarsal tunnel syndrome and surgical scars, resulted in a total loss of use to the extent that no effective function remains other than what would be equally well served by an amputation stump with prosthesis. The Veteran is therefore entitled to a 40% rating for her left foot disability and special monthly compensation for loss of use of the left foot since February 19, 2014.

The Board has remanded the case due to the need for additional medical examination and consideration of the Veteran's claims.

The Veteran's claims of service connection for liver disorder, gallbladder disorder, kidney lesions and stones, body stress rash release and trauma, polymyalgia rheumatic, bilateral hearing loss, and tinnitus have been granted. The remaining issues are pending.,The Veteran's claim of service connection for erectile dysfunction is pending.

The Veteran's appeal for a higher rating for chronic fatigue syndrome with fibromyalgia is granted, but his claim for service connection for obstructive sleep apnea is denied.

The Board has determined that additional development is needed to verify the Veteran's service dates and obtain her complete treatment records. The appeal will be remanded for these purposes.

The Board has remanded the Veteran's case to schedule a videoconference hearing at the VA RO in Muskogee, Oklahoma. The Veteran failed to appear for his scheduled July 16, 2014 hearing due to transportation issues.

The Veteran's claim for service connection for fibromyalgia, including the residuals of a right ankle injury is being remanded due to the need for additional medical records and clarification on her disability benefits.

The Veteran's fibromyalgia and major depressive disorder have been rated at their maximum allowable levels, but the combined rating of 80% meets the criteria for a TDIU. The Veteran is unable to secure or follow substantially gainful employment due to her service-connected conditions.

The Veteran's claims for service connection were denied initially, but the Board later granted them based on new and material evidence. The effective date remains to be determined as it is not specified in the decision.