Chronic fatigue syndrome decisions — 2011

The Veteran's chronic fatigue associated with multiple sclerosis has been found to be nearly constant and restrict routine daily activities to less than 50 percent of his pre-illness level, warranting a 60% initial evaluation.

The Veteran's claims for increased ratings and service connection were denied. The right knee condition was not found to warrant a higher rating, and the muscle pain in legs and chronic fatigue/sleep disturbance were determined to be secondary to his service-connected conditions.

The Board has determined that new and material evidence has been received to reopen claims for service connection for chronic fatigue syndrome, biceps tendonitis (right shoulder pain), left shoulder disorder, and memory lapses. The effective dates of these reopened claims are not addressed in this decision.

The Veteran's claims for increased disability evaluations and service connection were denied. The claim for TDIU prior to January 17, 2008, was dismissed as moot.

The Board denied the Veteran's claims for increased evaluations for cervical and lumbar degenerative changes, finding that the evidence did not warrant a higher evaluation under either the old or new rating criteria.

The Veteran's claim for an initial rating in excess of 70 percent for major depressive disorder was granted. Service connection for sinusitis, chronic fatigue syndrome (CFS), sciatica, and Raynaud's syndrome were denied.

The Veteran's appeal is being remanded for additional development, including obtaining Social Security Administration records and arranging for a VA examination to determine the severity of his service-connected disabilities.

The Veteran's PTSD is rated at the highest possible level of disability, with a rating of 70 percent. The left knee ACL tear and menisci tears are each rated at their maximum levels (20% for ACL tear and 10% for menisci tears). CFS is also rated at its maximum level (40%).

The Veteran's appeal has been withdrawn regarding the issue of residuals of colonoscopy with polyp removal. The Board finds that service connection is not warranted for any of the other issues raised, as there is no evidence of a current disability or nexus to service.

The Board found no evidence of chronic fatigue syndrome, memory loss, psychiatric disability, circulatory disability, or pain in the back of the head and right shoulder during service. The Veteran's complaints were not related to his military service.

The Board has remanded the case for additional development due to missing records and an inadequate VA examination report.

The Board has vacated the October 8, 2010 decision denying compensation under 38 U.S.C. § 1151 for additional disability claimed to be due to VA medical treatment because the evidence was not considered at the time of the decision.

The Board found that the preponderance of evidence is against a finding that the Veteran's Chronic Fatigue Syndrome (CFS) is related to her active military service.

The Veteran's Chronic Fatigue Syndrome is rated at the maximum possible rating of 100 percent, and she meets the criteria for SMC based on need for regular aid and attendance.

The Board has remanded the case for additional development, including obtaining service treatment records and verifying the Veteran's dates of active duty. The claims are currently in a state where further action is required.

The Veteran's fatigue and stomach disorder are not service-connected due to lack of evidence supporting their onset during active duty.

The Board has determined that the Veteran's claims for service connection for various conditions, including broken teeth, migraine headaches, head injury, dislocated shoulder, hip arthritis, knee arthritis, nose and jaw injuries, diabetes mellitus, thyroid issues, lung problems, throat issues, breathing problems, allergies, gum bleeding, loss of smell/taste, sleep apnea, swallowing problems (dysphagia), blepharitis, ulcers, chronic fatigue syndrome, psychiatric disorders, fear of heights, memory problems, and insomnia are not supported by the evidence.

The Veteran's service connection claims for an acquired psychiatric disability and chronic fatigue syndrome were denied. The Board found no evidence of a current diagnosis or continuity of symptomatology during service, and the VA examiners did not support a nexus to service.

The Veteran's appeal is remanded to the RO for a videoconference hearing before the Board of Veterans' Appeals.

The Veteran's service-connected thoracolumbar strain with degenerative joint disease is currently rated at 10 percent, and the evidence shows that it more nearly approximates a disability picture manifested by forward flexion restricted to less than 60 degrees but not less than 30 degrees based on examination results first demonstrated in November 2009. The Veteran's earlier symptoms did not show findings of muscle spasm, guarding, abnormal mobility, abnormal spine contour, abnormal gait, incapacitating episodes, ankylosis or flexion limited to less than 60 degrees.