Chronic fatigue syndrome decisions — 2014

The Board finds that the Veteran does not have asbestosis, and thus denies his claim for service connection. For his other claims, additional development is needed to obtain complete medical records from Dr. Ploss regarding chronic fatigue syndrome, an updated examination on allergies, and a determination on whether hypertension pre-existed his ischemic heart disease.

The Veteran's CFS is rated at 20 percent, and his sinusitis with otitis and allergic rhinitis are each rated as 10 percent disabling.

The Veteran's migraine headaches have been rated at the 10 percent level since September 2, 2010. The Board finds that her headache disability meets the criteria for a 10 percent rating.

The Veteran's appeal is remanded for further development, including obtaining updated treatment records and a VA examination to address the nature and etiology of his chronic fatigue syndrome.

The Board has determined that new and material evidence has been presented to reopen the claim for service connection for sleep apnea. The reopened claim is addressed in remand following this decision.

The Board has determined that the Veteran's claims for service connection for muscle tension headaches, hypertension, chronic fatigue syndrome, muscle and joint pain, nausea, and hernia repair are being remanded due to new evidence received after a prior final denial.

Service connection has been granted for degenerative disc disease of the lumbar spine, hearing loss, arthralgia (primarily affecting the back and hands), chronic fatigue, and a pituitary/brain tumor.,PTSD remains without an assigned rating.

The Board has determined that the Veteran's sleep disorder and vertigo are secondary to her service-connected multiple sclerosis.

The Veteran's appeal is being remanded for additional examinations and opinions to address the etiology of his claimed conditions, including whether they are due to an undiagnosed illness or unexplained multisymptom illness related to his service in the Persian Gulf.

The Veteran has withdrawn his appeals for all service connection claims.

The Veteran's chronic fatigue syndrome was not incurred in or aggravated by active service.,The Veteran does not have a diagnosed disability of the urinary tract that is due to an undiagnosed illness or other medically unexplained chronic multi symptom illness.,The Veteran does not have objectively exhibited signs or symptoms of unspecified joint pain as a manifestation of an undiagnosed illness or a medically unexplained chronic multi symptom illness.,The Veteran's GERD was not incurred in or aggravated by active service.,The Veteran does not have objectively exhibited signs or symptoms of numbness and tingling of the right lower extremity, left lower extremity, or right upper extremity as a manifestation of an undiagnosed illness, a medically unexplained chronic multi symptom illness, or that are otherwise attributable to service.

The Veteran's service connection claim for a gastrointestinal disability, right knee disability, left knee disability, neck disability, bilateral hand pain, bilateral shoulder disability, and bilateral hip disability is granted as these conditions are presumed to have been incurred due to an undiagnosed illness during his Gulf War service.

The Veteran's low back disability was restored to a 40 percent rating from January 13, 2009.,GERD is service-connected and effective as of the date of receipt of the claim.,Service connection for sleep apnea is granted and effective as of January 8, 2010.,CFS was not service-connected and no earlier effective date can be assigned.,Psoriasis is service-connected and effective as of the date of receipt of the claim.,Residuals of a TBI are service-connected and effective as of the date of receipt of the claim.

The Veteran's right knee disability has been rated at 10 percent since the initial rating period, reflecting noncompensable limitation of motion due to painful arthritis. The criteria for a higher rating have not been met.

The Veteran's appeal has been withdrawn by his representative prior to the Board making a decision.

The Board has denied the Veteran's claim for a higher initial rating for chronic fatigue syndrome (CFS) prior to November 29, 1994. The appeal was remanded multiple times but the AOJ continued to deny the claim under current criteria without providing notice of analogous criteria used in effect prior to November 29, 1994.

The Veteran's appeal is being remanded for additional development to address the service connection claims for various conditions, including eczema, ruptured left ovarian cyst, diabetes mellitus, bronchial asthma, chronic fatigue syndrome (CFS), headaches, menstrual irregularities, and gastroesophageal reflux disease (GERD).

The Veteran's claim for an earlier effective date for service connection for chronic fatigue syndrome and fibromyalgia, as well as a TDIU, is denied. The earliest effective dates assigned are June 2, 1994.

The Veteran's chronic fatigue syndrome and female infertility/reproductive disorder are presumed to have been incurred during active duty service.

The Veteran's appeal is being remanded due to the need for a hearing before a Veterans Law Judge at the RO.