The Veteran's claims for service connection for peripheral neuropathy of the left and right lower extremities were denied due to lack of evidence. The claim for increased rating for fibromyalgia was granted, but not in excess of 20 percent prior to April 10, 2017 and 40 percent thereafter. The claims for increased ratings for cold injury residuals with venous insufficiency were also denied.
The deciding factor: The new evidence did not provide sufficient material to substantiate the service connection claims for peripheral neuropathy of the lower extremities. For fibromyalgia, the Veteran's symptoms have been constant or nearly constant and often precipitated by environmental or emotional stress or overexertion, warranting a 40 percent rating. The cold injury residuals with venous insufficiency did not meet the criteria for higher ratings as they only showed cold sensitivity, locally impaired sensation, patches of numbness, and patches of hair non-growth in the lower extremities.
- Claimed conditions
- Peripheral neuropathy, Fibromyalgia, Left lower extremity cold injury residuals with venous insufficiency, Right lower extremity cold injury residuals with venous insufficiency
- How they argued it
- Reopened with new and material evidence
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- April 19, 2019
- Citation
- 19130870
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 remands the claims for further development, including obtaining additional medical opinions to address the nature and etiology of the Veteran's claimed conditions.
- Denied
The Board denied service connection for multiple conditions, including PTSD, IBS, cardiac arrhythmia, CFS, chronic headaches, chronic sinusitis, dyspnea, and fibromyalgia. The claim for bilateral pes planus was remanded.
- Partly granted
The Board granted a 100 percent disability rating for PTSD and denied an earlier effective date. The claims for service connection for various conditions were remanded.
- Partly granted
The Board denied an initial rating in excess of 30 percent for service-connected obstructive sleep apnea and granted service connection for lumbar discogenic pain with right radiculopathy, left thumb injury residuals, bilateral hand tremors, chronic rhinitis (presumptively), and chronic sinusitis.,The Veteran's lumbar discogenic pain with right radiculopathy is related to an in-service injury, event, or disease.
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.