In a great win for our client, WHG convinced VA and its attorneys that the Board of Veterans’ Appeals made critical errors in denying our client’s fibromyalgia claim. The Board failed to provide adequate reasons for finding our client not credible and for dismissing a private medical opinion. Additionally, the Board relied on an inadequate VA medical examination. The result was a joint motion between the parties vacating the Board’s decision and remanding it for readjudication. This avoided a lengthy briefing process which would only add additional delay in reaching a favorable decision.
Board Failed to Properly Assess Credibility
The Board claimed that our client’s statements about experiencing pain since service were not credible. They based this on a November 2015 medical record stating he had “entire body aches” for one year. The Board accepted this duration as credible because it was provided during medical treatment.
However, the Board ignored other medical records. In October 2013, over a year earlier, our client reported chronic headaches, pain, and fatigue. During service, he also reported joint pain and swelling. All these statements were made while seeking medical care. The Board failed to reconcile these records with their finding, which undermined their conclusion.
Dismissal of Private Medical Opinion Without Adequate Explanation
The Board found a private medical examination less probative due to “inaccurate factual premises.” Yet, the private examiner included our client’s medical history, in-service complaints, and explained symptom manifestation. The examiner noted that fibromyalgia diagnoses are often delayed until other conditions are ruled out.
The Board did not explain how the examination was based on inaccurate facts. Rejecting a medical opinion without proper reasoning is a legal error the Board often commits. The Board must provide clear reasons when it rejects favorable evidence.
Reliance on an Inadequate VA Medical Examination
The Board relied on a February 2020 VA examination to deny the claim. The examiner stated, “The history and exam today are consistent with Fibromyalgia.” Yet, he also claimed there were no service records showing relevant symptoms, only “a few isolated joint pains.”
This contradiction raises questions about the examination’s adequacy. An adequate medical opinion must consider the veteran’s medical history and provide sound reasoning. The Board erred by relying on this inconsistent examination without addressing its flaws.
Court Orders Remand for Proper Evaluation
Due to these errors, the Court ordered the claim remanded. The Board must reassess our client’s credibility and properly evaluate the private medical opinion. This victory brings our client closer to receiving the benefits he deserves.
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