Fibromyalgia decisions — 2022

The Board has dismissed the appeal for PTSD. The claim of bilateral hearing loss is reopened, but remanded for additional examination and opinion. The claims for IBS, chronic fatigue, and fibromyalgia are also remanded.

The Veteran's appeal for an increased rating for fibromyalgia and TDIU for the period prior to February 14, 2003 has been withdrawn.,The Veteran's appeal for a disability rating in excess of 50 percent for acquired psychiatric disorder during the period from July 26, 2012, has been withdrawn. The matter is dismissed as there is no evidence that her service-connected conditions alone rendered her unable to obtain or maintain a substantially gainful course of employment.,The Veteran's appeal for a disability rating in excess of 30 percent for acquired psychiatric disorder during the period prior to July 26, 2012, has been withdrawn. The matter is dismissed as there is no evidence that her service-connected conditions alone rendered her unable to obtain or maintain a substantially gainful course of employment.

The Board denied the Veteran's claims for earlier effective dates for service connection of lupus and fibromyalgia, finding that there were no pending claims prior to October 2, 2014.

The Board has remanded the Veteran's claims for service connection for scoliosis and fibromyalgia due to new evidence received since their previous final decisions. The claims are being remanded for further examination and medical opinion regarding whether these conditions were incurred or related to active duty service.

The Veteran's appeal is remanded to determine if she was eligible for concurrent receipt of military retired pay and VA disability compensation, which would affect the withholding of her VA compensation benefits.

The Board has determined that the Veteran's obstructive sleep apnea is as likely as not attributable to his service-connected fibromyalgia, and thus grants service connection for this condition on a secondary basis.

The Veteran's service-connected disabilities, including fibromyalgia, dermatitis, major depressive disorder, and lumbar spine disability, have rendered her unable to secure or follow substantially gainful employment since March 28, 2006. The Board has granted a TDIU effective from that date.

The Board dismissed the Veteran's appeals for increased ratings and service connection claims due to his withdrawal of appeal, except for a full grant of GERD service connection.

The Board denied the Veteran's claim for service connection for fibromyalgia, finding no link between his current condition and his active service.

The Board has remanded the claims of service connection for back disorder, PTSD, tension headaches, and fibromyalgia due to lack of new and relevant evidence. The Veteran's claim for a back disorder was previously denied in August 2006 as there was no evidence of an in-service event or disease that caused her current condition.

The Board has granted service connection for fibromyalgia, IBS as secondary to a service-connected psychiatric disability (depressive disorder and somatic symptom disorder), and migraine headache disability. The claims are based on direct service connection.

The Board denied the Veteran's claim for service connection for Chronic Fatigue Syndrome (CFS) as her symptoms were found to be attributable to other diagnosed conditions, and thus not constituting a separate disability warranting service connection.

The Veteran's appeal for service connection for a disability manifesting as joint and muscle pain, to include fibromyalgia, has been dismissed due to the Veteran withdrawing his appeal.

The Veteran's requests to withdraw the issues of pes planus in excess of 10 percent prior to March 27, 2017 and pes planus in excess of 30 percent from March 27, 2017 to February 6, 2018 have been granted. The Veteran's request to withdraw the issues of pes planus in excess of 50 percent on and after February 6, 2018, major depressive disorder with alcohol use disorder in excess of 50 percent prior to July 16, 2021, and major depressive disorder with alcohol use disorder in excess of 70 percent on and after July 16, 2021 have been granted. The Veteran's request to withdraw the issue of entitlement to TDIU prior to June 25, 2015 has also been granted.,The Board has remanded the issues of service connection for a back disability, fibromyalgia, and increased ratings for pes planus and major depressive disorder with alcohol use disorder. The Veteran is required to undergo additional examinations in order to determine the presence and severity of his disabilities.

The Board has dismissed all service connection claims and effective date claims due to the Veteran's death.

The Veteran's claim of service connection for headaches as secondary to his PTSD is granted. His PTSD is also rated at 70 percent, which is the maximum rating available under current VA regulations.

The Veteran's fibromyalgia rating was reduced from 40 percent to 10 percent effective November 1, 2019. The Board has restored the 40 percent rating based on evidence showing that the disability did not demonstrate improvement.

The Board has determined that there is no current diagnosis of any of the claimed conditions, and thus service connection cannot be granted for migraine headaches, restless legs syndrome, fibromyalgia, sinusitis, sleep apnea, acquired psychiatric disorder (including sleep disturbances), neck disorder, lower back disorder, right upper extremity peripheral neuropathy, left upper extremity peripheral neuropathy, or right lower extremity peripheral neuropathy.

The Board denied service connection for neck disability, chronic fatigue syndrome, and fibromyalgia as these conditions were not incurred or aggravated by active duty service.

The Board has remanded the claims for service connection and rating of various conditions due to incomplete information and need for additional medical opinions.