The veteran is seeking increased ratings for his service-connected scars and seeks to establish service connection for various conditions.,The veteran also seeks termination of his nonservice connected pension award.,The veteran claims service connection for fibromyalgia, chronic fatigue syndrome (CFS), irritable bowel syndrome (IBS), a bone disease, and COPD. He also seeks an increased rating for his scars.,He is seeking to establish service connection for these conditions based on various theories of entitlement including new and material evidence, secondary service connection, and direct service connection.,The veteran's nonservice connected pension was terminated in April 2005 due to his fibromyalgia. He disagrees with this decision and seeks reinstatement of the award.
The deciding factor: The RO needs to review the claims for increased ratings under the revised rating criteria effective October 10, 2006.,The RO must obtain all outstanding VA treatment records and Social Security Administration (SSA) records relevant to the veteran's claims.,The RO should provide a VA examination to determine the severity of the veteran's service-connected scars and whether COPD was incurred in or aggravated by active duty for training.,The RO needs to provide a VA examination to determine the nature and etiology of the veteran's fibromyalgia, including its relationship to chronic fatigue syndrome, sleep disturbance, and irritable bowel syndrome. The examiner should also assess whether COPD is related to service.,The RO must issue an SOC addressing the termination of the nonservice connected pension award.
- Claimed conditions
- fibromyalgia, chronic fatigue syndrome, irritable bowel syndrome, bone disease, chronic obstructive pulmonary disorder
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- December 4, 2008
- Citation
- 0841682
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 0841682.
What this means for you
A remand is not a loss. The Board sent the case back for more development — often a new exam or missing records — before making a final decision. Many remands later end in a grant, and the decision spells out exactly what the Board wanted to see.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Granted
The Veteran's claim for service connection for migraines was reopened due to new evidence. Service connection is granted for painful scars, but the rating assigned remains at 10 percent. The claims for fibromyalgia and bilateral shoulder disability are denied.
- Partly granted
The Board has not made a final determination on the claims of service connection for inguinal hernia, PTSD, joint pain, fibromyalgia, left knee disability, right knee disability, tinnitus, chronic fatigue syndrome, respiratory disability, sleep disorder, IBS, and headaches. The claims are remanded to obtain additional evidence and determine if these conditions are related to service.
- Denied
The Board has denied the Veteran's claims of service connection for hypertension, fibromyalgia, and vertigo. The decision found that there was no evidence linking these conditions to his military service or a service-connected disability.
- Granted
The Board has reopened the Veteran's claims of service connection for a back disability, endometriosis, thyroid condition, and chronic fatigue syndrome due to new evidence submitted since the last final denial. The claims are now considered on their merits.
Free starter guide for your own claim
Reading this because you were denied or under-rated? Get the plain-English next steps — your appeal options, the deadline that protects you, and how appeals like yours turn out. One email, no spam.
We will only use this to send the guide. No spam, unsubscribe any time. We never sell your information.
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.