Chronic fatigue syndrome decisions — 2007

The Board denied the veteran's claims for an earlier effective date for TDIU and for specially adapted housing, finding that he did not meet the criteria for a TDIU prior to June 2, 2000.

The Board found that the veteran did not timely file a notice of disagreement regarding the June 13, 2002 RO determinations. The initial ratings assigned by the RO are upheld as the veteran's fibromyalgia symptoms are not refractory to therapy and his headaches do not meet the criteria for a higher rating.

The veteran's claims for service connection for chronic fatigue syndrome, memory loss, and weight gain due to Persian Gulf War service were denied. The Board found that the symptoms are not related to her service or a known clinical diagnosis.

The Board denied the veteran's claims for service connection for various conditions, including cancer of the neck glands, peripheral neuropathy, chronic fatigue syndrome (CFS), hypertension, and an innocently acquired psychiatric disorder. The decision found that these conditions were not due to disease or injury incurred in service, nor could they be presumed to have been incurred therein.

The Board denied service connection for anemia, chronic fatigue syndrome, and chronic obstructive pulmonary disease as secondary to the veteran's service-connected disabilities. The evidence did not establish a direct relationship between these conditions and his active service.

The veteran seeks service connection for various conditions, including hypertension, proteinuria with decrease in renal function, chronic fatigue syndrome, and erectile dysfunction, all claimed as secondary to his service-connected diabetes mellitus, type II. The case is being remanded for further examination and opinion regarding the relationship between these conditions and his service-connected diabetes.

The Board found that the veteran's Chronic Fatigue Syndrome was not incurred in or aggravated by active service and is not due to, the result of, or aggravated by a service-connected disability.

The Board denied the veteran's claims for service connection for headaches, cysts of the body, memory loss due to an undiagnosed illness, low back pain due to an undiagnosed illness, and chronic fatigue due to an undiagnosed illness. The evidence did not show that these conditions were incurred in or aggravated by active service.

The Board denied service connection for generalized joint pain with fatigue, to include chronic fatigue syndrome, as a qualifying chronic disability under 38 C.F.R. § 3.317, and for sinusitis with headaches.

The Board has reopened the claims for service connection for fibromyalgia and bullous emphysema, but denied reopening of the claims for CFS and IBS due to lack of new and material evidence. The veteran's current level of hearing loss is not a disability for VA purposes, and tinnitus has not been shown by competent medical evidence to be etiologically related to service.

The veteran's claims for service connection were denied as his conditions did not meet the criteria for presumptive service connection due to undiagnosed illnesses.

The Board denied the veteran's claims of service connection for PTSD and Chronic Fatigue Syndrome, finding that there was no current diagnosis of either condition and that the evidence did not support a finding of service connection based on direct service connection.

The Board has scheduled the veteran for a hearing before the Board due to his request, and the appeal is remanded for further action.

The veteran's claims for service connection for headaches and chronic fatigue syndrome were denied. The claim for back strain was not reopened, and the claim for umbilical hernia was also not reopened.

The Board denied the veteran's claims for service connection for sleep apnea, chronic fatigue syndrome, sinusitis and respiratory disorder (claimed as weak lungs), residuals of pneumonia, hypertension, post-operative residuals of a benign fibroma of the right index finger, and residuals of a fracture of the fifth right metatarsal. The Board found that there was no evidence linking these conditions to service.

The Board has ordered a VA examination to determine if the veteran has chronic fatigue syndrome and whether it is related to his military service. The case will be remanded for further development.

The veteran's claim for a disability rating in excess of 40 percent for chronic fatigue syndrome is being remanded due to the need for another hearing before a Veterans Law Judge at the RO.

The Board denied service connection for loss of memory and concentration, chronic fatigue syndrome, and severed service connection for chronic diarrhea. The veteran's claims were not addressed regarding the exposure basis or whether new and material evidence was submitted to reopen a final disallowed claim for PTSD.

The Board denied the veteran's claims for service connection for various conditions, finding that they were not incurred or aggravated by his military service and are not due to a 'qualifying chronic disability.'

The Board found that the evidence did not support service connection for paresthesia of the lower extremities, including as secondary to fibromyalgia. The veteran's chronic fatigue syndrome was also denied an increased evaluation.