The Veteran's claim for an evaluation in excess of 40 percent for fibrositis is denied. The request to reopen the claim for service connection for Gulf War Syndrome has been granted, but the claim for service connection itself remains denied.
The deciding factor: New and material evidence was submitted regarding the Gulf War Syndrome claim, allowing it to be reopened. However, the underlying claim for service connection remains unsupported by the evidence of record.
- Claimed conditions
- Degenerative disc disease, lumbar spine, Fibrositis (claimed as sleeping problems, memory loss, joint pains, and headaches), Bilateral plantar fasciitis with metatarsalgia and pes cavus
- How they argued it
- Reopened with new and material evidence
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- October 2, 2009
- Citation
- 0937548
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 0937548.
What this means for you
A denial is a starting point, not the end of the road. You can see why this claim fell short — and, if you are still inside the one-year window, the appeal lanes that may remain open to you.
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 decided to remand the Veteran's claim of service connection for degenerative disc disease, lumbar spine (claimed as back injury) due to inadequate VA examination and failure to comply with prior remand directives.
- Dismissed
The Veteran's appeal for a higher rating for degenerative disc disease, lumbar spine was dismissed due to concurrent election of review options.
- Granted
The Veteran's service connection claims for degenerative disc disease, lumbar spine, with muscle spasms; right elbow pain; and bilateral lower extremity radiculopathy/ sciatica as secondary to the back disability have all been granted.
- Denied
The Board denied an earlier effective date for the grant of TDIU due to lack of factual support and found that the Veteran's unemployability was not a result of his service-connected conditions during the one-year look-back period.
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