The Veteran's fibromyalgia, left great toe disability, hammer toes, and low back disability are all granted. The right shoulder disability, headaches, and sleep apnea issues are remanded for further review.
The deciding factor: Service connection was established based on new evidence that the Veteran has a current diagnosis of fibromyalgia due to his service in the Persian Gulf War. The left great toe disability is rated as painful motion under Diagnostic Code 5280, warranting a 10% rating. Separate ratings for hammer toes are not warranted given their unilateral nature and severity. The low back disability is granted with an initial 40% rating prior to November 20, 2020, but denied since then.
- Claimed conditions
- fibromyalgia, exostosis interphalangeal joint of the left great toe (left great toe disability), hammer toes on the left third and fourth toe, contusion of the left hip upper gluteal (left hip skin disability), low back strain with degenerative arthritis with intervertebral disc syndrome (low back disability)
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- 10%
- Decision date
- November 18, 2022
- Citation
- 22064692
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 22064692.
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.
- Dismissed
The Veteran withdrew the appeals for service connection for fibromyalgia and Gulf War unexplained chronic multi-symptom illness, bronchus, as well as an extension of the temporary 100 percent disability evaluation.
- Partly granted
The Board granted service connection for scarring, right orchiopexy and remanded the claim of asbestos exposure residuals. Other claims for service connection were denied.
- Partly granted
The Board granted service connection for asthma and remanded claims for insomnia and sleep apnea. Other conditions were denied.
- Remanded (sent back)
The Board of Veterans' Appeals has remanded the claims for service connection for chronic fatigue syndrome and fibromyalgia to correct a pre-decisional duty to assist error.
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