Citation Nr: 21032624
Decision Date: 05/27/21	Archive Date: 05/27/21

DOCKET NO. 17-67 753
DATE: May 27, 2021

REMANDED

Entitlement to service connection for fibromyalgia is remanded.

REASONS FOR REMAND

The Veteran served on active duty in the United States Navy from June 1992 to May 2000. 

This claim was previously in a December 2019 Board of Veterans' Appeals (Board) decision. The Veteran subsequently appealed the denied claim to the Court of Appeals for Veterans' Claims (CAVC). In a January 2021 Order, CAVC granted a January 2021 Joint Motion for Remand ("JMR") submitted by the Veteran and VA. The Order vacates the December 2019 Board decision and remands the claim for readjudication. The January 2021 JMR finds the December 2019 Board decision failed to address a positive February 2019 private medical opinion and found the VA failed in its duty to assist in obtaining an adequate opinion. See JMR at pp. 2-3. Because there is an outstanding duty to assist error, the Board finds a remand is necessary to provide the Veteran with an adequate examination prior to adjudication. See Barr v. Nicholson, 21 Vet. App. 303 (2007).

The matters are REMANDED for the following action:

Obtain an addendum opinion from a physician with appropriate expertise for the Veteran's fibromyalgia claim. The claims folder must be made available to the examiner(s) for review. 

Following review of the claims file, the examiner(s) must address whether it is at least as likely as not (50 percent probability or higher) that fibromyalgia is related to any aspect of the Veteran's service, including knee and left hand injuries incurred therein. 

The examiner is asked to address and reconcile any conflicting medical evidence or opinions of record.

The examiner is advised that the Veteran is competent to report symptoms and history, and such reports must be specifically acknowledged and considered in formulating any opinions. If the examiner rejects the Veteran's reports of symptomatology, he or she must provide a reason for doing so. The examiner shall attempt to reconcile the opinion with any other medical opinions of record, including Dr. R.C.M.'s March 2017 and February 2019 opinion reports. All opinions expressed must be accompanied by a complete rationale.  

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The need for an examination (in-person, telehealth, etc.) is left to the discretion of the examiner. If an examination is necessary, all indicated tests should be done and all findings must be reported in detail. 

 

 

DELYVONNE M. WHITEHEAD

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	Boushehri, Darjush M.

The Board's decision in this case is binding only with respect to the instant matter decided. This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.