The Veteran's claim for an earlier effective date for the award of service connection for fibromyalgia and chronic fatigue syndrome (CFS) is granted.,The Veteran's claim for revision of the August 2016 rating decision on the basis of clear and unmistakable error (CUE) is dismissed as moot.
The deciding factor: An earlier effective date of March 21, 2016, was granted because the Veteran continuously pursued his claim since his initial service connection application on March 21, 2016. The November 2017 VA Form 9 was not timely filed due to a lack of proper signature and notification from VA regarding untimeliness.,The August 2016 rating decision is not final as the Veteran has continuously pursued his claim since March 21, 2016. The allegation of CUE cannot be valid in the absence of a final decision.
- Claimed conditions
- fibromyalgia, chronic fatigue syndrome
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- December 9, 2024
- Citation
- A24081481
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 A24081481.
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.
- 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.
- Granted
The Board has reopened the Veteran's claims of service connection for a back disability, endometriosis, thyroid condition, and chronic fatigue syndrome due to new evidence submitted since the last final denial. The claims are now considered on their merits.
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