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FIBROMYALGIA AND TDIU


pacmanx1

Question

The Veteran's fibromyalgia causes unemployability. 

The February 2015 VA examination shows the Veteran's fibromyalgia is refractory to therapy.  His fibromyalgia causes widespread musculoskeletal pain, stiffness, and sleep disturbance, and his symptoms are constant or nearly constant.  That examiner indicated that fibromyalgia would interfere with work, but that the Veteran could do sedentary work. 

The above evidence shows that he has longstanding fibromyalgia that causes constant and widespread body pain.  It shows that he cannot perform duties that require prolonged standing or walking, which would encompass most of his previous work experience.  

The Board notes that the Director of the Compensation Service found that the SSA based the Veteran's disability award largely on his back; however, the evidence does not show that his back has been identified otherwise as the main source of his disability.  Indeed, a June 2013 MRI of the back was normal.  Rather, his fibromyalgia is noted to be the cause of his pain and disability.  

Accordingly, the Board finds that an extra-schedular TDIU is warranted for the entire period on appeal.  

https://www.va.gov/vetapp21/Files6/21039010.txt

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  • HadIt.com Elder

I don't know why the VA continues to believe sedentary work automatically disqualifies a veteran for TDIU...

 

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