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Board of Veterans' Appeals · AMA series

Entitlement to an effective date prior to March 4, 2022, for the grant of service connection for fibromyalgia, to include as due to clear and unmistakable error (CUE), is denied.

July 30, 2026Citation Nr. A26069985Docket 220826-272417va.gov source

  • fibromyalgia (effective date prior to March 4, 2022)Denied
  • urinary frequency (effective date prior to March 4, 2022)Denied
  • dermatitis (effective date prior to March 4, 2022)Denied

Board reasoning

The Board analyzed the correct date of claim for each issue, deciding that March 4, 2022, was the date of claim and the date of entitlement was during active service for fibromyalgia, with the later date controlling as the effective date. It rejected CUE arguments and found no basis to assign earlier dates, weighing the evidence and applying 38 U.S.C. §§ 5110, 5107 and 38 C.F.R. § 3.400. The Board thus denied all three effective-date claims and explained its reasoning regarding finality of prior decisions and how entitlement arose.

Issues

  • fibromyalgia (effective date prior to March 4, 2022)Denied
  • urinary frequency (effective date prior to March 4, 2022)Denied
  • dermatitis (effective date prior to March 4, 2022)Denied

Authorities

  • Damrel v. Brown, 6 Vet. App. 242CUE standard in reasoning about potential earlier outcomes
  • McGrath v. Gober, 14 Vet. App. 28date of entitlement framework; facts-found approach
  • Brokowski v. Shinseki, 23 Vet. App. 79informal/formal claim distinctions for date of claim
  • Jarrell v. Nicholson, 20 Vet. App. 326Board lacks jurisdiction to review CUE in first instance for certain claims
  • Phillips v. Brown, 10 Vet. App. 25distinction between CUE and entitlement issues

Extracted with gpt-5-nano-2025-08-07. Citations are kept only when they appear in the decision text.