Chronic fatigue syndrome decisions — 2010

The Veteran's chronic fatigue syndrome was granted a 40 percent rating from January 13, 2009. Prior to that date, he received a 10 percent rating. The appeal for higher ratings is pending.

The Veteran's claims for service connection were denied. The Board found no evidence of a current disability and could not establish a link between any claimed conditions and service.

The Board has granted service connection for allergic rhinitis with asthma and assigned a 30 percent rating. Service connection for hypertension, chronic fatigue syndrome, PTSD, and residuals of anti-malarial treatment are denied.

The Board has determined that there is not a preponderance of evidence to support the Veteran's claims for service connection for dizziness, anorexia, nausea, somatization disorder weight loss, and chronic fatigue syndrome. The Veteran's symptoms have been attributed to non-service-related causes or are not supported by medical evidence.

The Board has determined that new and material evidence was received to reopen the claim for service connection for residuals of hepatitis. However, after reviewing all available evidence, including VA treatment records, private medical records, and the Veteran's statements, the Board finds that none of the conditions claimed are related to active service or can be presumed due to exposure to certain hazards. Therefore, the claims for service connection for these conditions have been denied.

The Veteran is seeking an increased disability evaluation for his chronic fatigue syndrome with migratory polyarthralgias, currently rated at 20 percent. The appeal is remanded due to the issue being inextricably intertwined with a previous determination regarding whether the Veteran submitted a timely substantive appeal from a prior rating decision.

The Veteran's appeal is being remanded to obtain VA examination reports and treatment records, as well as to schedule the Veteran for additional examinations if necessary. The case will be reviewed again after these actions are completed.

The Veteran's appeal of service connection for a disability manifested by nightmares of war is dismissed as his claim was granted in full. The remaining issues previously treated as withdrawn are addressed, including chronic fatigue syndrome, joint pain, ALS, and muscle pain.

The Veteran's peripheral neuropathy, Epstein Barr/Chronic Fatigue Syndrome, fibromyalgia, Raynaud's syndrome, anemia, diverticulitis, tinnitus and migraines are all found to be related to Agent Orange exposure in service.

The Veteran's claims for increased ratings and service connection were denied. The appeal is not about service connection at all.

The Veteran's chronic fatigue syndrome has not resulted in any periods of incapacitation of at least one but less than two weeks total duration per year, or symptoms controlled by continuous medication.

The Veteran's claims for service connection for fibromyalgia and chronic fatigue syndrome, as well as his TDIU claim, are being remanded due to the submission of new evidence. A VA examination is needed to determine if these conditions are related to his military service.

The Veteran's symptoms of chronic fatigue syndrome, multiple joint pain, pelvic and abdominal pains, heart symptoms, skin rash, and loss of muscle control are presumed to be due to an undiagnosed illness associated with her service in the Persian Gulf War. Service connection is granted for these conditions.

The Veteran's claims for increased ratings were denied. The appeal was withdrawn regarding the issue of service connection for chronic fatigue syndrome, to include as due to an undiagnosed illness. For colitis with reversed ostomy, scar, and pancreatitis, the rating remained at 30 percent. For migratory arthritis of the hips, knees, shoulders, hands, and lumbar spine, the rating also remained at 20 percent.

The Veteran's claim of service connection for sinusitis has been reopened. Service connection was granted for bilateral hearing loss disability, but a compensable evaluation is denied. The claims for ulcers, muscle and joint pain, chronic fatigue syndrome, and irritable bowel syndrome are addressed in the remand portion.

The Board found no evidence of a chronic disability attributable to an undiagnosed illness, and denied service connection for fatigue, memory loss, and muscle spasms.

The Board has determined that the Veteran's joint pain is due to fibromyalgia, which qualifies as a qualifying chronic disability under VA regulations. Therefore, service connection for the disability manifested by joint pain is granted.

The Veteran does not have Chronic Fatigue Syndrome as a sign or symptom of an undiagnosed illness that was incurred in or aggravated by service.

The Veteran's claims for service connection are being remanded due to the need for additional development, including obtaining medical records and scheduling a VA examination.

The Veteran's appeal is being remanded for further development, including a VA examination to determine the nature and etiology of any chronic fatigue syndrome and chronic headache disability. The issues of service connection for these conditions are also being remanded.