Citation Nr: 22016159 Decision Date: 03/21/22 Archive Date: 03/21/22 DOCKET NO. 18-04 312 DATE: March 21, 2022 ORDER Entitlement to service connection for fibromyalgia is granted. FINDING OF FACT Resolving reasonable doubt in the Veteran's favor, his fibromyalgia is at least as likely as not related to his service in the Gulf War. CONCLUSION OF LAW The criteria for entitlement to service connection for fibromyalgia have been met. 38 U.S.C. §§ 1110, 1131, 5107; 38 C.F.R. §§ 3.102, 3.303, 3.317. REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran served on active duty from April 1991 to May 1994. This matter comes before the Board of Veterans' Appeals (Board) on appeal from a May 2017 rating decision by a Department of Veteran's Affairs (VA) Regional Office (RO). The Veteran testified at a November 2021 hearing before the undersigned Veterans Law Judge. A transcript of the hearing has been associated with the record. Entitlement to service connection for fibromyalgia. The Veteran asserts that his fibromyalgia is related to service in the Gulf War. He contends that he started having symptoms of fibromyalgia after departing the Gulf region. See July 2017 Correspondence. Service connection is warranted where the evidence of record establishes that a particular injury or disease results in a present disability that incurred in the line of duty during active military service or, if pre-existing such service, was aggravated thereby. 38 U.S.C. §§ 1110, 1131; 38 C.F.R. § 3.303 (a). For Persian Gulf Veterans service connection is warranted pursuant to 38 U.S.C. § 1117 and 38 C.F.R. § 3.317 if a Veteran presents evidence (1) that he or she is a Persian Gulf Veteran; (2) who exhibits objective indications of chronic disability resulting from an illness or combination of illnesses manifested by one or more signs or symptoms such as those listed in paragraph (b) of 38 C.F.R. § 3.317; (3) which became manifest either during active military, naval or air service in the Southwest Asia theater of operations during the Persian Gulf War, or to a degree of 10 percent during the presumptive period prescribed by the Secretary; and, (4) that such symptomatology by history, physical examination, and laboratory tests cannot be attributed to any known clinical diagnosis. 38 C.F.R. § 3.317(a). For purposes of 38 C.F.R. § 3.317, there are two types of qualifying chronic disabilities: (1) an undiagnosed illness; and (2) a medically unexplained chronic multisymptom illness. The term "medically unexplained chronic multisymptom illness" includes chronic fatigue syndrome, fibromyalgia, and functional gastrointestinal disorders. 38 C.F.R. § 3.317 (a)(2)(ii). The Veteran contends he was one mile off the coast of Kuwait and Iraq while deployed on the USS Horne. Furthermore, he recalls a liberty call in Bahrain and the United Arab Emirates in roughly the spring of 1993. The Veteran's DD 214 reflects the award of a Southwest Asia service medal. Information taken from the Defense Personnel Records Information System document that the USS Horne departed San Diego for a Western Pacific Arabian Gulf deployment. Thus, the Board finds that the Veteran has qualifying Persian Gulf War active service. The Veteran has a current diagnosis of fibromyalgia. See January 2017 VA Examination. As noted, fibromyalgia is specifically listed as a medically unexplained chronic multisymptom illness. Thus, the record establishes that the Veteran has a qualifying diagnosable chronic disability. Importantly, this problem was found soon following service. Finally, the Veteran reported in a January 2017 VA Examination that he had widespread musculoskeletal pain, stiffness, muscle weakness, fatigue, sleep disturbances, paresthesias, headaches, depression, anxiety, irritable bowel syndrome, and Raynaud's-like symptoms. (Continued on the next page) As such, the Veteran's fibromyalgia is to a degree of 10 percent prior to December 31, 2021. See 38 C.F.R. § 4.71a, Diagnostic Code 5025. In summary, the Veteran served in the Persian Gulf War and has fibromyalgia (a medically unexplained chronic multisymptom illness), which was present to a degree of 10 percent prior to December 31, 2026. Thus, service connection for fibromyalgia pursuant to 38 C.F.R. § 3.317 for a medically unexplained chronic multisymptom illness is warranted. John J. Crowley Veterans Law Judge Board of Veterans' Appeals Attorney for the Board Laura Cochran, Associate Counsel 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.