Chronic fatigue syndrome decisions — 2006

The Board has determined that the veteran's claimed disabilities are not proximately due to VA carelessness, negligence, lack of proper skill, error in judgment, or similar instance of fault on the part of VA. The appeals for compensation under 38 U.S.C.A. § 1151 have been denied.

The Board has decided to remand the veteran's claims for service connection due to his outstanding request for a Travel Board hearing at the Philadelphia RO.

The veteran's claims for increased ratings and service connection were denied. The Board found no basis for a higher rating or to reopen the claim of service connection.

The veteran's service-connected CFS is rated at 40 percent, effective from November 24, 1999. His service-connected migraine headaches are rated at 30 percent, also effective from November 24, 1999.

The Board denied the veteran's claims for service connection for chronic fatigue syndrome and hypothyroidism, finding that there was no current diagnosis of chronic fatigue syndrome and noting that the preponderance of evidence is against a finding that hypothyroidism is related to service.

The veteran's appeal is being remanded for additional development, including obtaining Social Security Administration records and medical records from providers who treated him. The claims for non-service connected pension benefits, hepatitis C service connection, chronic fatigue syndrome service connection, depression service connection, and post-traumatic brain syndrome service connection are also being reviewed.

The Board has reopened the veteran's claims for service connection for chronic fatigue syndrome and fibromyalgia due to new evidence submitted since the last denial. The claims are granted as there is sufficient evidence to support a diagnosis of these conditions during service.

The veteran's appeal has been dismissed as she withdrew her substantive appeal.

The Board is remanding the veteran's claims for additional development due to the complexity of the issues and need for further medical examination.

The Board found that the veteran's arthritis, chronic fatigue syndrome, and fibromyalgia did not have a direct link to service. The conditions were either not shown to be caused by events in service or are too remote from service.

The Board has determined that additional due process considerations remain to be satisfied, including notification of the presumptive period for Gulf War illnesses and a proper VCAA notice letter regarding the claim to reopen a claim of service connection for lumbar spine disability. The veteran should also undergo examinations to determine the etiology of his right upper extremity and cervical spine disabilities, as well as any currently diagnosed chronic fatigue, headaches, joint pain, and memory loss.

The Board found that the veteran's conditions, including anemia, chronic dermatitis, and chronic fatigue syndrome, do not meet the criteria for initial compensable evaluations or service connection under the applicable rating criteria. The Board also noted that there is no evidence of a current disability related to retinal detachment.

The Board found that the veteran's obstructive sleep apnea and chronic fatigue syndrome were not incurred in or aggravated by service, and denied both claims.

The veteran's claims for service connection for chronic fatigue syndrome and stomach disorder/reflux have been denied as there is no evidence of a link between these conditions and his military service.

The veteran's claims for service connection for various conditions, including chronic fatigue syndrome, skin problems, headaches, muscle pain and joint pain, gastrointestinal issues, sleep disturbances, visual disturbances, and urinary tract problems, were denied. The Board found that the evidence did not support a finding of service connection for any of these conditions.

The Board denied the veteran's claims for service connection for various psychiatric and musculoskeletal conditions, including PTSD, chronic fatigue, muscle spasm, headaches, and rheumatoid arthritis. The decision found that there was no credible evidence of in-service stressors or a nexus between these conditions and his military service.

The Board found that the veteran's night sweats, chronic fatigue, and joint pain are manifestations of his service-connected PTSD. The rating for PTSD was denied as it did not meet the criteria for a higher rating.

The Board has determined that the veteran's disability manifested by chronic fatigue was incurred in his active duty service and granted service connection for this condition.

The veteran's appeal is remanded for additional development and to provide proper VCAA notice.

The Board has granted a 10 percent disability evaluation for the veteran's service-connected joint pain disorder and has reopened his claim of service connection for chronic fatigue syndrome, finding that it is secondarily related to his service-connected asthma. The effective date remains pending as no specific date was provided.