The Veteran's appeal for service connection for onychomycosis (claimed as bilateral great toenail removal with arthritis) was dismissed. The Board found a clear and unmistakable error in the April 1998 rating decision that granted service connection for fibromyalgia, assigned an initial disability rating of 40 percent for fibromyalgia, and failed to assign separate disability ratings for the right shoulder disorder, costochondritis, and irritable bowel syndrome. Separate disability ratings were granted for these conditions.
The deciding factor: The April 1998 rating decision did not separately rate the Veteran's right shoulder disorder, costochondritis, and irritable bowel syndrome as secondary to fibromyalgia.
- Claimed conditions
- onychomycosis (claimed as bilateral great toenail removal with arthritis), fibromyalgia, degenerative arthritis of the cervical spine, degenerative arthritis of the thoracolumbar spine, chronic fatigue syndrome
- How they argued it
- Secondary to another service-connected condition
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- August 3, 2018
- Citation
- 18123882
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 18123882.
What this means for you
A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot. It says more about procedure than about whether a claim like this can win.
What you can do next
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 has denied the Veteran's claims of service connection for hypertension, fibromyalgia, and vertigo. The decision found that there was no evidence linking these conditions to his military service or a service-connected disability.
- Granted
The Board has reopened the Veteran's claims of service connection for a back disability, endometriosis, thyroid condition, and chronic fatigue syndrome due to new evidence submitted since the last final denial. The claims are now considered on their merits.
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