Fibromyalgia decisions — 2019

The Board has granted service connection for the Veteran's peripheral vascular disease of the left and right lower extremities, as well as acute peripheral neuropathy of the upper and lower extremities, all due to exposure to burn pits. Service connection for fibromyalgia is also granted, but secondary to service-connected TBI and PTSD.

The Board has granted service connection for left shoulder arthritis, fibromyalgia, and obstructive sleep apnea. The decision is based on direct evidence of a relationship to service.

The Veteran's spouse is not found to be in need of regular aid and attendance or housebound status, as she can manage her daily activities with assistance when needed.

The Board has granted reopening of the claim for service connection for bilateral knee disorders and awarded a 10% disability rating effective August 9, 2016. The claims for low back disability, neck disability, left shoulder disability, right shoulder disability, fibromyalgia, and acquired psychiatric disability (anxiety) were denied.

The Veteran's fibromyalgia and anxiety disorder have been granted a 60% rating, effective March 27, 2015. The appeal is also granted for TDIU.

The Veteran's appeals for various conditions have been dismissed due to his withdrawal of all pending appeals.

The Veteran's obstructive sleep apnea is found to be aggravated by his service-connected depression and fibromyalgia, thus granting secondary service connection.

The reduction from a 40 percent rating to noncompensable for fibromyalgia was improper, and the Veteran's 40 percent rating is restored. The issues of entitlement to an increased disability rating for adjustment disorder with depressed mood and TDIU are remanded.

The Veteran's claim for service connection for diverticulitis is granted. The claims for service connection for fibromyalgia and gastritis are denied.

The Board has decided to remand the case due to insufficient reasons for denying service connection for headaches as secondary to service-connected fibromyalgia. The Veteran's headaches are currently considered part of his rating for fibromyalgia.

The Veteran's lumbosacral disc bulge and low back strain are rated at 20 percent, effective from the date of the decision. A separate compensable rating for radiculopathy in lower extremities is denied. The Veteran's TDIU claim is granted.

The Board finds that additional development is needed to adjudicate the Veteran's claims for service connection for a sleep disorder, headaches, fibromyalgia, and neuropsychological symptoms.

The Veteran is seeking an earlier effective date for the award of a 40 percent rating for fibromyalgia, and also raises a claim of clear and unmistakable error (CUE) in the October 2009 rating decision that reduced her fibromyalgia evaluation to zero percent. The Board has decided these issues are remanded.

The Veteran's fibromyalgia was granted a rating of 40 percent prior to March 21, 2012. Additionally, the Veteran was granted TDIU based on his service-connected disabilities.

The Veteran's claims for increased ratings for fibromyalgia and PTSD, as well as his claim for a TDIU based on service-connected disabilities, were denied. The Veteran is currently receiving the maximum schedular evaluation for fibromyalgia (40%), but not for PTSD.

The Board has granted service connection for migraine headaches, but the issues of entitlement to service connection for seizure disability and fibromyalgia are remanded due to insufficient evidence.

The Veteran's claim to reopen the right hip disability was granted. The claims for sleep disorder (claimed as Sleep Apnea) and migraine were denied, as they are not separate disabilities from PTSD and fibromyalgia. The rating for PTSD remains at 70 percent, and the rating for fibromyalgia remains at 40 percent.

The Veteran's claim for service connection for fibromyalgia is granted. The claim to reopen a previously denied claim for service connection for chronic fatigue syndrome is denied.

The Veteran's major depressive disorder with anxious distress features is rated at 70 percent, effective from the date of claim. Service connection for fibromyalgia, CFS, hypertension, IBS, and a headache disorder are granted. The Veteran also receives a TDIU rating.

The Veteran's use of Menthol/M Salicylate topical cream for arthritis pain is not eligible for a clothing allowance as it was not prescribed for a skin condition due to any service-connected disability.,The Veteran’s back brace, which she uses for her service-connected DDD of the low back, does not qualify for a clothing allowance because it is made of soft material and does not cause wear or tear on clothing.