The veteran's fibromyalgia is granted with a rating of 40 percent, while his sinusitis and dermatological conditions are denied. The veteran's sleep apnea and obstructive lung disease were not found to be service-connected.
The deciding factor: Fibromyalgia was determined to meet the criteria for a 40 percent evaluation based on severe near constant intractable symptomatology, including diffuse tender points over his entire body and constant pain. The other conditions did not meet the criteria for increased evaluations or were not found service-connected.
- Claimed conditions
- Sinusitis with headaches, nosebleeds, and dizziness, Pityriasis rosea, folliculitis and allergic dermatitis, Fibromyalgia (claimed as aching joints, pain in the right leg, back pains, and tingling in the arms and fingers), Sleep apnea, Obstructive lung disease (also claimed as breathing problems, shortness of breath, and persistent cough), Costochondritis (claimed as chest pains due to undiagnosed illness)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- November 23, 2005
- Citation
- 0531811
This is a plain-language summary generated by AI from a public Board of Veterans’ Appeals decision. It can contain errors — always verify against the original. Look up the original decision on VA.gov (opens in a new tab) using citation 0531811.
What this means for you
A grant means the Board agreed the veteran was entitled to the benefit. Decisions like this show the kind of evidence and arguments that tend to succeed for claims like it.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Remanded (sent back)
The Board has remanded the Veteran's claims for sleep apnea and acquired psychiatric disorder (including PTSD) due to insufficient evidence of record. The Veteran is required to undergo VA examinations to determine if his conditions are related to service.
- Granted
The Veteran's service-connected disabilities, including bilateral pes planus with hammer toes, hallux valgus and degenerative arthritis, sleep apnea, bilateral hearing loss, tinnitus, and bilateral kidney cysts, rendered him unable to secure or follow gainful employment. The Board granted the TDIU based on these conditions.
- Remanded (sent back)
The Board has decided to remand the Veteran's claim for service connection for sleep apnea, as it is unclear whether his condition is caused or aggravated by his service-connected musculoskeletal disabilities and obesity. The AOJ will need to provide a VA examination to clarify these issues.
- Dismissed
The Veteran withdrew the claims for psychiatric disability and sleep apnea.,Service connection was granted for right lower extremity radiculopathy and left lower extremity radiculopathy secondary to a service-connected back disability, but denied for right wrist disability.
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