The Veteran's fibromyalgia is rated at the highest available schedular evaluation, and no higher rating can be granted based on functional loss. The claims for increased ratings for asthma and service connection for sleep apnea, a neck disorder, left hand disability (held in abeyance), and a left shoulder disorder are remanded for additional development.
The deciding factor: The Veteran's fibromyalgia is already rated at the maximum schedular evaluation under Diagnostic Code 5025, and any functional loss does not warrant an increase.
- Claimed conditions
- fibromyalgia, asthma, sleep apnea, left shoulder disorder, cervical spine disorder
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- May 8, 2018
- Citation
- 18101578
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 18101578.
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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 denied the Veteran's claim for service connection for sleep apnea, finding that there was no evidence of a chronic disease manifesting within one year after service and concluding that the current disability is not related to his in-service deviated septum.
- Remanded (sent back)
The Board has remanded the case for additional development regarding the Veteran's claim of service connection for sleep apnea. The Veteran will be provided with a VA examination to determine if his current sleep disorder is related to his military service.
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