Citation Nr: 18152183
Decision Date: 11/21/18	Archive Date: 11/21/18

DOCKET NO. 17-16 850A
DATE:	November 21, 2018
REMANDED
Entitlement to an initial compensable rating for fibromyalgia is remanded.  
 
REASONS FOR REMAND
The Veteran served on active duty from August 1988 to August 1991.  
This case comes from a November 2015 rating decision.  
The Board notes that although the Veteran’s January 2016 notice of disagreement (NOD) references service connection for fibromyalgia, the appeal stems from the grant of the initial noncompensable rating assigned following the grant of service connection in the November 2015 rating decision.  Nevertheless, the Veteran indicated that he is seeking a 40 rating, and thus the issue is properly before the Board.  
In addition, the Veteran’s April 2017 substantive appeal specifically limits the scope of the appeal to the issue of entitlement to an initial higher rating for fibromyalgia.  
Further, in a September 2018 rating decision, service connection was granted for posttraumatic stress disorder (PTSD), migraines, and traumatic brain injury (TBI) residuals.  This represents a full grant of the benefits sought with respect to those issues.  
The Veteran’s claims with respect to service connection for sleep apnea and with respect to the rating for his service-connected neck disability were addressed in Rapid Appeals Modernization Program (RAMP) rating decisions that have not yet been appealed.  
An initial compensable rating for fibromyalgia.  
The Veteran seeks an initial compensable rating for fibromyalgia.  Although VA examinations in May 2017 were conducted in association with claims other than fibromyalgia, relevant findings pertaining to fibromyalgia were reported, to include episodic weekly bouts of diarrhea with exacerbations.  The Veteran has not waived initial RO consideration of the evidence.  In addition, in a November 2017 submission, he referenced recent treatment for constant pain due to fibromyalgia, including prescribed medication.  As there is an indication that the Veteran’s symptoms are worse since the November 2015 VA examination, and after obtaining the recent treatment records referenced, a new VA examination is warranted.  
The matter is REMANDED for the following action:
1. Obtain complete VA treatment records since April 2017, to include the treatment records referenced in November 2017, and any other relevant treatment records the Veteran identifies.  
2. After completion of the above, schedule the Veteran for a VA fibromyalgia examination by an appropriate medical professional.  The entire claims file must be reviewed by the examiner.  The examiner is to conduct all indicated tests.  
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The examiner should provide an opinion as to the severity and all symptomatology caused by fibromyalgia, distinguished from symptoms associated with service-connected disabilities, to include TBI residuals, migraines, and PTSD.
 
RYAN T. KESSEL
Veterans Law Judge
Board of Veterans’ Appeals
ATTORNEY FOR THE BOARD	M. Taylor