The Veteran's fibromyalgia is rated at the maximum schedular rating of 40 percent, and a higher rating is denied.,The Veteran does not meet the auditory threshold criteria for right ear hearing loss for service connection purposes.,There is no evidence of chronic bronchitis during or within one year after service. Service connection for bronchitis is denied.,No in-service knee, shoulder, or back disability was found. Service connection for these disabilities is denied.,The Veteran's fibromyalgia is already service connected and does not preclude the granting of separate ratings for other joint conditions.
The deciding factor: The criteria for a higher rating under Diagnostic Code 5025 are not met as the Veteran’s symptoms align with this code, and he is already receiving the maximum schedular rating.,The Veteran's right ear hearing loss does not meet VA's auditory threshold criteria for service connection purposes.,There is no evidence of chronic bronchitis during or within one year after service. Service connection cannot be presumed as there was no in-service onset.,No in-service knee, shoulder, or back disability was found. Service connection cannot be established due to lack of in-service onset and continuity of symptomatology.,The Veteran's fibromyalgia is already service connected and does not preclude the granting of separate ratings for other joint conditions.
- Claimed conditions
- fibromyalgia, right ear hearing loss, bronchitis, right knee disability, left knee disability, bilateral shoulder disability, low back disability
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- March 18, 2021
- Citation
- 21015816
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 21015816.
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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.
- Denied
The Board denied the Veteran's claims for service connection for a bilateral shoulder disability and increased ratings for her bilateral knee disabilities, finding no evidence of in-service injury or disease related to these conditions.
- 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.
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