The Board has dismissed the appeals for all issues related to fibromyalgia, as well as several other conditions and service connection claims. The appeal concerning a rating greater than 20 percent for lumbar facet arthropathy with degenerative arthritis of the spine is also dismissed.
The deciding factor: The Veteran is receiving the maximum schedular rating under Diagnostic Code 5025 for fibromyalgia, which precludes any further increase in rating.
- Claimed conditions
- lumbar facet arthropathy with degenerative arthritis of the spine, menstrual disorder, bilateral ankle disorder, left hip disorder, bilateral knee disorder, right lower extremity radiculopathy, left lower extremity radiculopathy, tension headaches
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 16, 2023
- Citation
- 23061471
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 23061471.
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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.
- Partly granted
The Board granted a total disability rating based on individual unemployability (TDIU) and special monthly compensation (SMC) housebound status, but dismissed the claims for initial ratings in excess of 40 percent for lumbosacral spine disability, left lower extremity radiculopathy, and right lower extremity radiculopathy.
- Partly granted
The Board denied earlier effective dates for the grant of service connection and granted initial 40 percent ratings for left upper extremity CTS, right lower extremity radiculopathy, and left lower extremity radiculopathy.
- Denied
The Board denied service connection for various conditions, including left foot condition, right foot condition, cellulitis, right ear hearing loss, and right lower extremity radiculopathy. The appeal of the proposal to reduce a 40 percent evaluation for lumbosacral strain was dismissed.
- Denied
The Board denied the veteran's claims for earlier effective dates and higher ratings, finding that the evidence did not support an earlier date of entitlement or a higher rating based on the current medical findings.
Free starter guide for your own claim
Reading this because you were denied or under-rated? Get the plain-English next steps — your appeal options, the deadline that protects you, and how appeals like yours turn out. One email, no spam.
We will only use this to send the guide. No spam, unsubscribe any time. We never sell your information.
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.