The Veteran is seeking an earlier effective date for the grant of service connection for fibromyalgia, to include joint pain. The Board has decided to remand this matter due to a procedural error in obtaining relevant private medical records.
The deciding factor: The AOJ failed to obtain and consider pertinent private medical evidence from the Veteran's primary care provider, Dr. Chuck Wan, which was cited by the April 2022 private examiner as evidence reviewed for the diagnosis of fibromyalgia since the 1990s.
- Claimed conditions
- fibromyalgia, joint pain
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 15, 2024
- Citation
- A24075394
Veterans Law Judge
Decisions by this judge: 916 · Granted: 40% (granted or partly granted, in the vetted decisions on this site)
Judge attribution: 2025 complete; earlier years partial.
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 A24075394.
What this means for you
A remand is not a loss. The Board sent the case back for more development — often a new exam or missing records — before making a final decision. Many remands later end in a grant, and the decision spells out exactly what the Board wanted to see.
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.
- Remanded (sent back)
The Board has determined that the AOJ did not obtain all necessary opinions regarding whether the Veteran's symptoms are related to an undiagnosed illness or medically unexplained chronic multisymptom illness (MUCMI). The claims for service connection for fatigue, fibromyalgia, left elbow disorder, right elbow disorder, and sleep disorder are remanded for further development.
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