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
- Not verified here — check the original decision
- 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. Search VA.gov for the original decision (opens in a new tab) using citation 0937548.
What this means for you
A final Board denial may be appealed to the U.S. Court of Appeals for Veterans Claims, generally within 120 days of the Board mailing date. A Supplemental Claim with new and relevant evidence is a separate option. Another Higher-Level Review of the Board decision is not available. Check your own notice: this historical decision does not set your deadline.
What you can do next
Use your own notice and decision stage. A remanded issue is not a final court-appealable denial. VA review guidance and CAVC filing instructions (U.S. federal; reviewed October 7, 2026).
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Whole decision: 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.
- Whole decision: Dismissed
The Veteran's appeal for a higher rating for degenerative disc disease, lumbar spine was dismissed due to concurrent election of review options.
- Whole decision: 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.
- Whole decision: 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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