The Veteran's fibromyalgia is rated at 40 percent due to constant or nearly constant symptoms refractory to therapy, including widespread musculoskeletal pain and tender points, fatigue, sleep disturbance, stiffness, paresthesias, headache, gastrointestinal symptoms, depression, and anxiety.
The deciding factor: The Veteran's fibromyalgia symptoms are near constant despite medication, warranting a 40 percent rating under Diagnostic Code 5025.
- Claimed conditions
- Post-traumatic stress disorder (PTSD), Fibromyalgia, Irritable bowel syndrome, Major depression with dysthymia (to include anger control), Carpal tunnel syndrome, Thoracic outlet syndrome, Bilateral thumb dislocations
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- March 10, 2009
- Citation
- 0908879
What this means for you
A partial grant means some issues were granted while others were denied or remanded — common in multi-issue claims. Look at which issues went which way, and how each was argued.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Dismissed
The appeal was withdrawn by the Veteran before the Board promulgated a decision.
- Partly granted
The Board granted an effective date of May 29, 2019 for service connection for an acquired psychiatric disorder but denied earlier effective dates and increased ratings for other conditions.
- Granted
The Veteran is granted special monthly compensation (SMC) at the R(1) rate due to his need for regular aid and attendance.
- Remanded (sent back)
The Board remands the claims for further development, including obtaining additional medical opinions to address the nature and etiology of the Veteran's claimed conditions.
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This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.