Fibromyalgia decisions — 2018

The Veteran's appeals for increased ratings and service connection have been withdrawn. The claims of vision loss, right ankle disability, chronic fatigue syndrome, fibromyalgia, headaches, hearing loss, sleep apnea, Gulf War syndrome, deviated septum, and cystitis are dismissed.

The Board found that the evidence does not support a conclusion that the Veteran's fibromyalgia was incurred in service, and thus denied her claim for service connection.

The Board has remanded the case for additional development due to insufficient examination reports and lack of compliance with previous remand instructions.

The Veteran's appeal has been withdrawn regarding cervical dysplasia. The remaining issues have not been granted as service connection is denied for ulcerative colitis, chronic respiratory disorder, chronic bronchitis, chronic sinusitis, chronic rhinitis, acquired psychiatric disorder (including PTSD), left arm paresthesia, pancreas disorder, and fibromyalgia.

The Veteran's nonservice-connected disabilities do not meet the requirements for a pension during the period on appeal.

The Veteran's claims for service connection have been denied as there is no evidence of a current disability manifested by muscle aches, memory loss, inability to focus, nightmares and insomnia, IBS or weight loss. The Veteran has been granted service connection for fibromyalgia with symptoms of muscle aches.

The Veteran's claim for an earlier effective date for the grant of service connection for fibromyalgia is denied as there can be no freestanding claim for an earlier effective date; the finality of the effective date assignment precludes such a claim.

The Board has granted service connection for bilateral patellofemoral syndrome and osteoarthritis of the knees, finding that there is at least an approximate balance of positive and negative evidence as to whether these conditions had their onset in service. The Veteran's current symptoms are considered credible.

The Veteran withdrew his appeal for the issue of entitlement to service connection for fibromyalgia.

The Board finds that the Veteran's lumbosacral spine degenerative disease is not related to service, and his claims for tremors and excessive sweating are denied as they are not linked to service. The claim for chest pain has been reopened but remains denied.

The Board has determined that the Veteran is not entitled to service connection for a left hip condition, lupus, fibromyalgia, or congestive heart failure. The evidence does not support a finding of direct service connection for any of these conditions.

The Board denied service connection for back disability, fibromyalgia, schizophrenia, and PTSD as there was no medical evidence linking these conditions to the Veteran's military service.

The Veteran's fibromyalgia is found to be service-connected due to its presumptive nature based on his Gulf War service. The other conditions are not currently service-connected.

The Board has denied the Veteran's claims for service connection for fibromyalgia and heart disability, as there is no evidence of these conditions during the pendency of his claim. The Board has also found that new examinations are necessary to assess the current severity of his lumbar spine and headache disabilities.

The RO reduced the Veteran's right knee chondritis of the patella rating from 20 percent to 10 percent effective April 1, 2008. The reduction was proper as there was no material improvement in the condition that had been maintained under ordinary conditions of life.

The Board found no evidence to support the Veteran's claims of brain trauma, fibromyalgia, or low back disorder being related to her active service. The preponderance of the evidence is against these claims.

The Board found that the cause of death, combined methadone and oxycodone poisoning, was not service-connected as neither methadone nor oxycodone were prescribed by VA for the Veteran's service-connected conditions. The significant contributing condition, COPD, was also not service-connected.

The Board has granted the Veteran's claims for service connection for fibromyalgia, low back disability as secondary to service-connected disabilities, and arthritis of the right thumb/hand as secondary to service-connected disabilities.

The Board has determined that the Veteran's fibromyalgia was not incurred in or caused by service, and therefore denied her claim for service connection.

The Veteran's PTSD is rated at 100 percent, rendering moot the claim for a TDIU. Service connection was granted for fibromyalgia as a qualifying chronic disability under 38 C.F.R. § 3.317.