Fibromyalgia decisions — 2020

The Veteran's claim for increased rating of her low back disability and service connection for fibromyalgia was denied. The Board found that the evidence did not support a grant of service connection for fibromyalgia, as there was no evidence it was incurred in or aggravated by active service or a service-connected condition. For the low back disability, the Board noted that while the Veteran had pain and limited range of motion, these were consistent with her service-connected degenerative arthritis and did not warrant an increased rating beyond 40 percent.

The Veteran's claim for a higher rating for PTSD was denied as the evidence did not show that his symptoms more nearly approximated those required for a 100 percent rating.,The Veteran's claim for a higher rating for residuals of low back surgery prior to December 9, 2016 and from December 9, 2016 was denied. The evidence showed that the Veteran did not have unfavorable ankylosis or incapacitating episodes as required for a higher rating.

The claims of service connection for various conditions, including TBI, seizure disorder, lower back disability, and others are being remanded due to the need for additional medical opinions.

The Veteran's claims for peripheral neuropathy of the upper left and right extremities, hypertension, cerebrovascular accident (CVA), tinnitus, bilateral hearing loss, and fibromyalgia are all denied as there is no current disability at any time pertinent to the claim on appeal. The Veteran’s service connection claim for hypertension is remanded due to in-service exposure to herbicides.

The Board has remanded the Veteran's claims for additional development due to his failure to report for VA examinations and the need for updated treatment records. The claims will be reconsidered after these steps are completed.

The Board has remanded the Veteran's claim for S-DVI due to pending service connection claims, and instructed that the AOJ should hold the appeal in abeyance until those claims are resolved. The AOJ is also directed to seek further medical explanation from the underwriter regarding the assigned debits for non-service-connected disabilities.

The Veteran's appeal has been withdrawn for the claim of an evaluation in excess of 50 percent for PTSD prior to May 1, 2018 and in excess of 70 percent thereafter. The Veteran’s scar from inguinal hernia surgery is rated at 10%. Other claims are being remanded.,The Veteran's fibromyalgia, cervical arthritis, irritable bowel syndrome, and headaches (secondary to PTSD) are all pending and need further evaluation.

The application to reopen the previously denied claim for service connection for fibromyalgia is dismissed.,The applications to reopen the previously denied claims for service connection for right knee disability, left knee disability, jaw disability, and acquired psychiatric disability are granted.

The Veteran's claims for increased ratings and a separate compensable rating for fibromyalgia associated with SLE, lupus nephritis were denied. The effective date of service connection for fibromyalgia was also denied.

The Board denied service connection for fibromyalgia and cervical spine disability, finding that the evidence did not support a link to service or service-connected conditions.

The Veteran's claims of entitlement to service connection for chronic fatigue syndrome, joint and muscle pains, fibromyalgia, and sleep disorder are remanded due to the submission of new evidence. The Board will readjudicate these claims.

The Board has remanded the claims for Chronic Fatigue Syndrome and Fibromyalgia due to insufficient evidence of these conditions during service.,Service connection is not granted as there is no current diagnosis of CFS or Fibromyalgia.

The Veteran's fibromyalgia is rated at 40 percent since June 29, 2007. The Board finds that the symptoms are constant or nearly so and refractory to therapy.

The Board has denied service connection for obstructive sleep apnea as secondary to PTSD and chronic fatigue syndrome due to Gulf War service. Service connection for fibromyalgia was granted but is no longer on appeal.

The Board has decided to remand the case due to insufficient evidence regarding whether the Veteran's fibromyalgia is related to his service, specifically Gulf War exposure.

The Board has remanded the claims for fibromyalgia, chronic fatigue syndrome (CFS), and irritable bowel syndrome (IBS) due to outstanding VA treatment records and unavailability of service treatment records. The Veteran's claims will be reconsidered after obtaining these records.

The Veteran's fibromyalgia has been granted a 40 percent rating, effective from the date of this decision.

The Veteran's initial claim of a higher rating for his service-connected fibromyalgia is being remanded due to the need for a new VA examination and updated medical records.

The Board has remanded several claims for further development, including obtaining medical opinions and treatment records to address the Veteran's service connection claims for various conditions.

The Veteran's application to reopen the claim of entitlement to service connection for fibromyalgia as due to an undiagnosed illness is granted. The Board has remanded cases related to PTSD, depression and anxiety, right shoulder condition, left shoulder condition, and fibromyalgia.