Chronic fatigue syndrome decisions — 2010

The Board has granted service connection for PTSD. The claims for GI disorder, fibromyalgia, and CFS are pending as the Veteran's claim of entitlement to reopen a previously denied claim is still under consideration.

The Veteran's appeal is being remanded to the RO for a local hearing and readjudication of his claims.

The Veteran's service records do not show any diagnosed conditions related to his claimed disabilities. The Board finds that the Veteran does not have a right shoulder disability, left hand disability, headaches, chronic fatigue syndrome, sleep disorder, or short-term memory loss that were incurred in or aggravated by his active military service.

The Veteran's claims for PTSD, respiratory disability (shortness of breath), fibromyalgia, and sleep apnea were granted. Effective dates prior to August 31, 2000, were established for the grant of service connection for irritable bowel syndrome and a rating increase for headaches.

The Veteran's initial claim for a higher rating for hepatitis C was granted, with a 10 percent disability rating effective from April 23, 2001. The current appeal seeks an increase in the rating to a higher level.

The Board has determined that the Veteran does not have a current disability manifested by chronic fatigue syndrome, tinea pedis, chest and cardiovascular symptoms, bronchitis and pharyngitis (claimed as ear, nose, and throat problems), headaches, or sensitivity to bright light due to disease or injury incurred in or aggravated by active service.,The Veteran's currently diagnosed tension headaches are not related to service origin. The atypical chest pain is considered a manifestation of an undiagnosed illness that was incurred in service.

The Board has determined that the Veteran did not serve in the Southwest Asia theater of operations during the Persian Gulf War and therefore, service connection for chronic fatigue syndrome cannot be granted on a presumptive basis. The Veteran's insomnia is currently compensated as part of his service-connected psychiatric and sleep disabilities. Arthralgias are due to the Veteran's service-connected back, right shoulder and right lower extremity disabilities and fibromyalgia, which is not related to active service.

The Board denied the Veteran's claims for service connection for chronic fatigue, iron deficiency anemia, and hair loss (alopecia). The initial rating claim for IBS, GERD, and Crohn's disease was also denied. No effective date or rating assigned.

The Veteran's claims for service connection for chronic fatigue syndrome, low back disability, and right foot disability were denied. The effective date of the grant of service connection for SLE was set at July 31, 1991.

The Board has determined that additional development is necessary before the claim of service connection for obstructive sleep apnea, claimed as chronic fatigue can be adjudicated.

The Veteran does not have chronic fatigue syndrome and her symptoms are caused by her service-connected fibromyalgia.

The Veteran's claims for service connection have been denied as the evidence does not meet the criteria for service connection under the provisions of 38 U.S.C.A. § 1117 (governing undiagnosed illness and other chronic disabilities) or 38 C.F.R. § 3.317 (governing Gulf War Syndrome).

The Veteran's claims for service connection for tinnitus, chronic fatigue syndrome, and headaches are being remanded due to the need for additional development.

The Board has determined that the Veteran's current diagnosis of chronic fatigue syndrome is related to his in-service diagnosis of mononucleosis, which was caused by Epstein Barr Virus. Therefore, service connection for Epstein Barr Virus Syndrome, residuals of mononucleosis, including chronic fatigue syndrome is granted.

The Veteran's claims for service connection for muscle and joint pain, a nervous disorder, headaches, a sleep disorder, and chronic fatigue syndrome due to undiagnosed illness were denied. The Board notes that further development is needed before these claims can be decided.

The Veteran's service-connected disabilities, including sleep apnea, right and left shoulder tendonitis, depressive disorder, cervical spondylosis, lumbar degenerative discs, a left knee disorder, gastroesophageal reflux disease (GERD), a left pelvic disorder, chronic fatigue syndrome, tinnitus, bilateral hearing loss, sinus residuals of a rhinoplasty and septoplasty, a left foot disorder, hypertension, genitourinary (urethral) disorder, and rosacea on the nose, have rendered him unable to secure or follow a substantially gainful occupation since April 1, 2001. The Board finds that his service-connected disabilities meet the percentage criteria for TDIU throughout the entire appeal period.

The Board has remanded the Veteran's claims for chronic fatigue syndrome and depression due to incomplete records, including service treatment records from both periods of active duty. The Veteran is also asked to provide information about any Social Security Administration (SSA) disability benefits she may be receiving.

The Veteran's appeal is being remanded due to his failure to attend a scheduled video-conference hearing. He will be provided with another opportunity for a hearing.

The Board denied the Veteran's claims for service connection for chronic fatigue and stress, finding that there is no competent medical evidence linking these conditions to his military service.

The Veteran's claims for service connection for chronic fatigue syndrome and an increased rating for fibromyalgia were denied as the Veteran failed to report for scheduled VA examinations without good cause.