The Veteran's combined effects of service-connected disabilities render him unemployable, and his TDIU claim is granted. The reduction from 40 percent to 20 percent for fibromyalgia was improper, and restoration of the 40 percent rating is warranted. Evidence pertaining to a back disability received since the May 1997 decision is new and material, and the claim for service connection for a back disability is reopened.
The deciding factor: The combined effects of the Veteran's service-connected disabilities render him unemployable, which supports his TDIU claim. The reduction from 40 percent to 20 percent for fibromyalgia was improper due to less full and complete examination used as basis, warranting restoration of the 40 percent rating. Evidence pertaining to a back disability received since May 1997 is new and material, reopening the service connection claim.
- Claimed conditions
- fibromyalgia, left ankle sprain and strain, left knee disability, back disability
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 20%
- Decision date
- August 5, 2014
- Citation
- 1434690
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 1434690.
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 Veteran's appeal is remanded for additional development, including a new VA examination to assess his bilateral knee and hip disabilities.
- 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.
- Remanded (sent back)
The Board has decided to remand the case due to insufficient rationale in the July 2012 VA examination for the Veteran's left knee disability, and a new addendum opinion is needed.
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