Citation Nr: 18150790
Decision Date: 11/15/18	Archive Date: 11/15/18

DOCKET NO. 17-05 821
DATE:	November 15, 2018
REMANDED
Entitlement to an effective date earlier than September 16, 2014, for the grant of service connection for irritable bowel syndrome is remanded.
Entitlement to an effective date earlier than September 16, 2014, for the grant of service connection for fibromyalgia (claimed as joint pain, muscle pain, fatigue, and a sleep disorder) is remanded.
REFERRED
The issues of whether there was clear and unmistakable error (CUE) in a January 2006 rating decision denying service connection for irritable bowel syndrome, as well as a right wrist disorder (claimed as carpal tunnel syndrome), a right knee disorder (claimed as pain), and a right ankle disorder (claimed as pain and tendonitis) have been raised by the record, but have not been adjudicated by the agency of original jurisdiction (AOJ).  See May 2016 notice of disagreement and January 2017 substantive appeal (CUE claims stemming from concurrent appeal for earlier effective date for grants of service connection for irritable bowel syndrome and fibromyalgia).
The Veteran has contended that the AOJ erred in initially denying the claims for service connection for irritable bowel syndrome and right wrist, knee, and ankle disorders in the January 2006 rating decision, which was based on her March 2005 original compensation claim.  She has argued that, among other things, the joint problems were later diagnosed as fibromyalgia and that the AOJ committed outcome-determinative error by failing to consider the provisions for Persian Gulf veterans under 38 C.F.R. § 3.317 in that rating decision, as discussed in her above written submissions.  It is noted that the AOJ considered whether the Veteran had any right wrist disorder (as opposed to only carpal tunnel syndrome) in the January 2006 rating decision.  
The AOJ has not yet adjudicated the CUE claims.  Therefore, the Board does not have jurisdiction over those issues, and they are referred to the AOJ for appropriate action.
REASONS FOR REMAND
The Veteran served on active duty from November 1983 to June 2005.
This case comes before the Board of Veterans’ Appeals (Board) on appeal from a January 2016 rating decision of the Department of Veterans Affairs (VA).
In a March 2015 rating decision, the AOJ granted service connection for irritable bowel syndrome and fibromyalgia (claimed as joint pain, muscle pain, fatigue, and a sleep disorder) effective from September 16, 2014, based on a claim received by VA on that date.  The Veteran requested reconsideration of the effective date assigned for the disabilities in an October 2015 written statement, and the AOJ determined that an earlier effective date was not warranted for either disability in the January 2016 rating decision.
Since that time, the Veteran has alleged CUE in the January 2006 rating decision denying service connection for irritable bowel syndrome, as well as a right wrist disorder (claimed as carpal tunnel syndrome), a right knee disorder (claimed as pain), and a right ankle disorder (claimed as pain and tendonitis) claimed to be the now-diagnosed fibromyalgia, as discussed in the referral section above.
The outcome of the earlier effective date claims is intertwined with the outcome of the referred CUE claims, and therefore, a remand is required.
The case is REMANDED for the following action:
After adjudication of the CUE claims in relation to the January 2006 rating decision referred above, the case should be reviewed by the AOJ on the basis of additional evidence.  If the benefits sought are not granted, the Veteran and her representative should be furnished a supplemental statement of the case and be afforded a reasonable opportunity to respond before the record is returned to the Board for further review.
 
J.W. ZISSIMOS
Veterans Law Judge
Board of Veterans’ Appeals
ATTORNEY FOR THE BOARD	M. Postek, Counsel