Fibromyalgia decisions — 2024

The Veteran withdrew all issues on appeal during his hearing, indicating satisfaction with his current benefits.

The Veteran withdrew their appeal for restoration of a 40 percent rating for fibromyalgia from July 1, 2020.

The Board has restored service connection for fibromyalgia and chronic fatigue syndrome, effective June 3, 2020, as the original grant was based on new evidence that established these conditions were incurred during service.

The Veteran's fibromyalgia was incurred during a period of active duty for training (ACDUTRA) and the Board finds that service connection is warranted due to the evidence being at least in equipoise as to whether the condition was incurred or aggravated by service.

The rating reduction from 40 percent to 0 percent for fibromyalgia, effective July 1, 2020 was improper. The Veteran's 40 percent disability rating is restored.

The Veteran's claims for service connection are remanded due to the need for additional medical examinations and opinions regarding his claimed conditions.

The Veteran's service-connected other specified trauma and stressor related disorder, cervical spine degenerative arthritis with intervertebral disc syndrome, right upper extremity radiculopathy, left upper extremity radiculopathy, restless leg syndrome, CFS (Chronic Fatigue Syndrome), fibromyalgia, recurrent ulcer disability to include gastric ulcers, and heart disability to include coronary heart disease have been granted. The Veteran's service connection for these conditions is based on new evidence submitted since the last decision.

The Board has remanded the claims of service connection for fibromyalgia and a breathing condition due to inadequate medical opinions in the original decision. The Veteran's claims will be reconsidered with new evidence.

The Veteran's service-connected disabilities have rendered him unable to secure and follow substantially gainful employment, leading to a TDIU. Basic eligibility for Dependents' Educational Assistance under 38 U.S.C. Chapter 35 is also established.

The Veteran's service-connected disabilities, including back pain, right knee sprain, major depressive disorder, fibromyalgia, and migraines, have rendered her unable to secure or maintain substantially gainful employment prior to March 23, 2022.

The Board dismissed the appeal regarding the timeliness of the VA Form 9 because it was determined that the form was timely and the legacy appeal is being processed by the AOJ.

The Board has remanded the claims for service connection due to errors in the AOJ's decision and new evidence that needs to be considered. The Veteran's sinus/nasal disability, fibromyalgia, and acquired psychiatric disability are all being reviewed as part of this appeal.

The Veteran seeks an earlier effective date for the award of a total disability rating based on individual unemployability (TDIU) and Basic Eligibility to Dependents' Educational Assistance (DEA).,The Board denied both claims, finding that the earliest effective dates were September 26, 2019.

The Board has determined that additional medical opinions are needed to address the etiology of various disabilities, including right hip pain, left hip pain, left foot pain, right foot pain, fibromyalgia, sleep apnea, and knee disabilities. The claims for service connection will be remanded.

The Board has remanded the Veteran's claims of service connection for bilateral hand, foot, and knee disabilities due to a lack of adequate medical opinions regarding the etiology of her conditions. The AOJ is instructed to obtain VA examinations and provide appropriate medical opinions.

The Board has reduced the Veteran's cervical spine evaluation from 30 percent to 20 percent, finding that her forward flexion improved to 30 degrees. The reduction was proper as it did not affect her overall compensation and there is no evidence of an actual change in disability level.

The Board has remanded the claims for service connection due to insufficient evidence and need for VA examinations. The Veteran's conditions are related to his Gulf War service, but specific diagnoses and etiologies require further investigation.

The Board has dismissed the appeal of a proposed rating reduction from 40 percent to 20 percent for service-connected fibromyalgia due to an error in docketing.

The Veteran's appeal is remanded for further development regarding his claims of service connection for various conditions.,No compensable initial rating was granted for allergic rhinitis from February 7, 2019, to April 21, 2020.

The Board has remanded the Veteran's claims for hypertension, fibromyalgia, left knee arthritis, right knee arthritis, left wrist arthritis, and right wrist arthritis due to inadequate VA examinations and a failure to consider the Veteran's service in the Persian Gulf. The claims will be reconsidered with consideration of the PACT Act.