Gulf War illness / chronic multisymptom decisions — 2022

The Board has found that further remand is necessary to obtain the curriculum vitae of the VA examiners who provided opinions in April 2020, August 2020 (two separate exams), September 2020, November 2020, and May 2021. The Veteran and his attorney will be notified if these documents cannot be obtained.

The Board has remanded the claims for additional development due to missing VA treatment records and further examination.

The Veteran's service-connected right ear hearing loss is granted, but with a noncompensable rating.,Service connection for left ear hearing loss is denied.,Gulf War Syndrome is granted.,Service connection for a lower back condition is granted.,Service connection for shin splints and left shoulder condition are granted.,The Veteran's service-connected right ear hearing loss disability remains noncompensable.

The Board has determined that the Veteran's appeal was improperly placed in the AMA system and should be re-docketed under the Legacy system. The AOJ must issue an SOC addressing all issues on appeal, and the Veteran is given the opportunity to perfect his appeal by filing a VA Form 9.

The Board denied the Veteran's claim for service connection for Gulf War Syndrome, including chronic fatigue syndrome and fibromyalgia, finding that his symptoms are attributable to known clinical conditions such as PTSD, OSA, and multiple orthopedic disabilities.

The Veteran's service-connected disabilities did not prevent him from securing and following a substantially gainful occupation.

The Veteran's claims for a right upper extremity and wrist pain disability, left upper extremity and wrist pain disability, right knee disability, chronic fatigue syndrome (CFS), and respiratory disability are all denied as they do not meet the criteria for service connection.

The Board has remanded the case due to incomplete records and the need to consider recent legislation regarding presumptions for certain respiratory disorders due to burn pit exposures.

The Veteran has withdrawn his appeals for service connection for chronic fatigue syndrome, gastroesophageal reflux disease, irritable bowel syndrome, and an undiagnosed illness. The remaining issues of service connection for a disability manifested by sleep impairment (including sleep apnea and insomnia), right shoulder disability (supraspinatus tendon injury and rotator cuff injury), low back disability, left knee disability, and right knee disability are being remanded for further development.

The Veteran's appeal for service connection for toenail fungus was dismissed as the Veteran requested to withdraw his appeal.,Service connection is granted for left lower extremity radiculopathy, with the condition proximately due to service-connected thoracolumbar spondylosis status post fracture at T11.

The Board has remanded the case due to insufficient efforts by the AOJ in obtaining medical records and inadequate VA opinions. The Veteran's claim for service connection is being returned for further development.

The Veteran's petition to reopen the claim for service connection for sleepless nights was granted. The petitions to reopen claims for other conditions were dismissed.

The Board has remanded the cases for further development and consideration of all evidence submitted since the last supplemental statement of the case.

Service connection is granted for bilateral hip disability and undiagnosed illness manifested by bilateral elbow joint pain.,The skin condition remains under review.

The Veteran withdrew his appeal for service connection for an undiagnosed illness manifested by abnormal weight loss.

The Veteran's gastrointestinal disability, including chronic diarrhea, constipation, bloating, and urgency with bowel movement, is considered an undiagnosed illness or a medically unexplained chronic multi-symptom illness (MUCMI) due to his service in the Southwest Asia theater of operations. Service connection for this condition is granted.

Service connection for bilateral hearing loss is denied.,The issue of service connection for respiratory difficulties as due to Gulf War syndrome has been withdrawn by the Veteran through his authorized representative.,Service connection for irritable bowel syndrome, a functional gastrointestinal disorder, is granted.,Service connection for sleep apnea is remanded.,Service connection for hernia (claimed as abdominal discomfort) as secondary to irritable bowel syndrome is remanded.

The Veteran's bilateral hip strain is granted service connection, while his sleep disorder, exposure to hazards claimed as undiagnosed illness, dysentery, gout, bilateral hearing loss, hypertension, left knee tendonitis, PTSD, and TDIU claims are denied.

The Board has granted service connection for muscle spasms, finding that the evidence is at least in equipoise as to whether the Veteran's disability began during his military service. Service connection was denied for a medically unexplained chronic multisymptom illness (MUCMI) due to lack of objective indications.

The Board has denied service connection for right shoulder, left shoulder, right elbow, and left elbow disabilities as they are not related to service or an undiagnosed illness.