Chronic fatigue syndrome decisions — 2008

The Board has granted service connection for sleep apnea. The veteran withdrew all other claims, including those related to allergic rhinitis, hyperlipidemia, chronic fatigue, asthma, sinusitis, and ear infections.

The veteran's appeal is being remanded for clarification of representation, additional evidence collection, and a gynecological examination.

The veteran's claims for service connection are being remanded to obtain additional medical evidence and to schedule the veteran for examinations.

The Board found that the veteran's claimed health problems were not incurred in or aggravated by service, including his participation in Project 112/SHAD.

The veteran's claims for service connection for hypertension and CFS were denied. The claim for service connection for IBS was granted with an initial rating of 10 percent, effective June 4, 2003. The claim for service connection for joint pain was also granted with a 10 percent initial rating, effective June 4, 2003.

The Board found that the veteran's service-connected CFS and GERD do not meet the criteria for a compensable disability rating under the applicable VA rating schedule.

The Board found that the veteran's service-connected chronic fatigue syndrome does not warrant a rating in excess of 60 percent due to lack of evidence showing debilitating fatigue, cognitive impairments, or other nearly constant symptoms restricting routine daily activities.

The Board has determined that the veteran does not have current disabilities manifested by chronic fatigue syndrome or an undiagnosed illness manifested by muscle and joint pain, as these conditions are attributed to other diagnosed medical and psychological illnesses. As a result, service connection for both conditions is denied.

The Board has determined that the veteran's substantive appeal was not timely filed with respect to his claims for service connection for breathing problems, chronic fatigue syndrome, dermatitis and follicular occlusion syndrome of the neck, back and belt line, joint pain including neck, back, and legs, muscle aches, allergy to chemicals, incontinence, and chronic sinusitis. As such, these issues are dismissed.

The Board has dismissed the appeal in regard to the issues of entitlement to service connection for anaphylactic shock and memory loss, as well as for an increased rating for urticaria. The hypercoagulation disorder is not considered service-connected due to its hereditary nature.

The Board has decided to remand the case for additional development, including obtaining medical records and conducting a VA examination.

The Board granted service connection for a low back disorder and assigned an initial 20 percent rating retroactively effective from May 6, 1999. The claim for chronic fatigue syndrome was denied.

The Board has granted service connection for multiple disabilities, including urinary frequency, cold sores (herpes simplex), a depressive disorder, chronic fatigue syndrome, and fibromyalgia. The effective date of the increased rating for the cervical spine disability is set at April 24, 2003.

The Board denied service connection for PTSD and other claimed disabilities, finding that the evidence did not support a link between these conditions and service.

The Board denied service connection for post-traumatic stress disorder, chronic fatigue syndrome (including Epstein-Barr disease), brain disorder manifested by atrophy, cognitive impairment, memory loss, executive dysfunction, poor writing, and poor motor skills, pericarditis, toxoplasmosis, and hypertension. The veteran's claims were not based on exposure to ionizing radiation.

The Board has denied the veteran's claims for an increased rating for his right wrist disability and service connection for chronic fatigue and respiratory symptoms.

The Board found that the veteran's chronic fatigue is not due to an undiagnosed illness or a medically unexplained multisymptom illness, and was instead attributed to her psychiatric and thyroid conditions. The right lower leg shortening is considered service-connected, but the claim for increased evaluation of degenerative joint disease of the right ankle remains denied.

The Board denied the veteran's claims for service connection for sleep apnea and entitlement to TDIU. The Board found that there was no evidence linking the veteran's sleep apnea to his military service.

The veteran's claims for service connection were denied, but new evidence was received that may reopen his claim for a low back disability. The veteran is presumed to have been exposed to Agent Orange in Vietnam.

The Board denied the veteran's claims for service connection for various conditions, finding that there was no evidence of a qualifying chronic disability under 38 C.F.R. § 3.317 and concluding that the veteran's symptoms were not related to her military service.