The Board remands the claim for a new VA examination to determine the current severity of the Veteran's fibromyositis of spinal muscles, including without considering the ameliorative effects of medication.
The deciding factor: The Board must discount the beneficial effects of medication when assigning a rating for a musculoskeletal disability because the applicable diagnostic codes and regulations pertaining to musculoskeletal disabilities do not explicitly contemplate medication use.
- Claimed conditions
- fibromyositis of spinal muscles, right shoulder pain, arm pain, knee pain, foot pain
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- June 30, 2025
- Citation
- A25056184
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.
- Remanded (sent back)
The Board remands the claims for service connection and increased ratings due to a procedural error regarding notice of the right to a pre-decisional hearing.
- Partly granted
The Board granted service connection for exostosis right foot and bilateral plantar fasciitis, but denied service connection for hysterectomy, left shoulder pain, right shoulder pain, dysmenorrhea, chronic obstructive lung disease, female sexual arousal disorder, and a foot callus.
- Partly granted
The Board granted service connection for PTSD and an initial 20 percent rating for dry eye syndrome with pinguecula, while denying service connection for other psychiatric disorders, bilateral hearing loss, tinnitus, and multiple musculoskeletal conditions. Some claims were remanded for further development.
- Denied
The Board denied the veteran's claims for an initial compensable rating for hypertension, service connection for sleep apnea as secondary to PTSD, and a total disability rating based on individual unemployability. The claims for service connection for left shoulder tendonitis, right shoulder pain, and lumbar spine disease were remanded.
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