Fibromyalgia decisions — 2016

The Board has reopened the Veteran's claims for service connection for a back disorder, joint pain disorder, reaction to an anthrax shot, migraine headaches (secondary to PTSD), chronic fatigue, sleep apnea, lumbar spine degenerative joint disease, right knee degenerative changes, and fibromyalgia. The evidence is at least in equipoise as to whether these conditions are related to service.

The Veteran's claim for a TDIU was received on July 12, 2004. She did not meet the schedular criteria for a TDIU at that time due to her combined rating of 40 percent. The Board found no evidence of unemployability prior to July 12, 2004, and thus denied an earlier effective date.

The Veteran's claim for service connection for porphyria cutanea tarda was not granted, as he has not been diagnosed with this condition.,For the entire appeal period, a 60 percent rating for tinea pedis and lichen planus, to include oral lichen planus, is warranted due to near-constant corticosteroid use.

The Board denied service connection for fibromyalgia, right hip disorder, left hip disorder, back disorder, right ankle disorder, left ankle disorder, right leg disorder, and left leg disorder. The Veteran's conditions were not found to be related to her service or secondary to her service-connected pes planus.,Service connection was denied for each of the Veteran’s claimed disabilities as they are not shown to have been incurred in or aggravated by service.

The Veteran's claims for fibromyalgia and chronic fatigue syndrome were denied as there is no competent medical evidence of these conditions during the appeal period. The Veteran was granted an initial rating greater than 70 percent for PTSD, but his claims for shoulder disabilities remain denied.

The Board has determined that the decision to resume VA disability compensation benefits, effective December 1, 2008, was correct as the Veteran provided a valid current address.

The Board denied reopening of the claim for compensation under 38 U.S.C.A. � 1151 for degenerative disc disease of the cervical and lumbar spine, fibromyalgia, and myositis due to lack of new and material evidence.

The Board has determined that the Veteran's fibromyalgia does not warrant a rating in excess of the currently assigned 40 percent, as her symptoms do not meet or approximate the criteria for any higher evaluation under the applicable diagnostic code.

The Veteran's appeal is being remanded for scheduling a Travel Board hearing due to the failure to schedule one.

The Veteran's service-connected disabilities, including PTSD, peripheral neuropathy of the upper and lower extremities, diabetes mellitus, and tinnitus, have rendered him unable to secure or maintain substantially gainful employment since January 1, 2011.

The Veteran's appeal is being remanded for additional development, including a VA examination to assess the severity of her service-connected low back disability and completion of a VA Form 21-8940 (Veteran's Application for Increased Compensation Based on Unemployability). The TDIU claim is intertwined with the claim for a higher rating for the low back disability.

The Board has determined that the Veteran does not have a current diagnosis of fibromyalgia and therefore, service connection for this condition cannot be granted.

The Veteran's appeal is being remanded for additional development, including obtaining updated VA treatment records and scheduling a PTSD examination. The claims for fibromyalgia, bilateral shin splints, and increased rating for PTSD are also pending.

The Veteran seeks service connection for myalgia and fibromyalgia as due to an undiagnosed illness related to her active service in the Gulf War. The case is being remanded for further development, including verification of service dates and location(s) during the Gulf War.

The Board found that the appellant's current bilateral knee disability and arthritis were not incurred during his active duty service, and denied these claims. The claim for fibromyalgia was also denied as there are no records available from Dr. A.S.

The Veteran's service-connected disabilities have rendered him unable to secure or follow a substantially gainful occupation, and the Board has granted TDIU based on this finding.

The Board has remanded the issues of service connection for chronic fatigue syndrome, joint pain with fibromyalgia, chronic headaches, a disorder manifested by difficulty breathing (undiagnosed illness), and acid reflux (GERD) due to new evidence.

The Veteran's fibromyalgia has been rated at 20% prior to July 6, 2010 and at 40% from July 6, 2010. The effective date for the 40% rating is October 9, 1996.

The Veteran's claim for service connection for an undiagnosed illness to include as due to Gulf War syndrome is being remanded for additional development, including a VA examination and opinion.

The Board has determined that the Veteran's spouse does not meet the criteria for special monthly pension based on need for regular aid and attendance or being housebound due to her disabilities, as she is able to perform daily activities independently.