Chronic fatigue syndrome Board decisions

The veteran's appeal is being remanded for further development and compliance with the Veterans Claims Assistance Act of 2000.

The VA determined that the veteran does not have current residuals of lead and carbon tetrachloride poisoning or other toxic exposure, including CFS, due to his military service.

The Board has granted the appellant's appeal and determined that new and material evidence has been received to reopen his claim for service connection for chronic fatigue syndrome. The Board also found that chronic fatigue syndrome and fibromyalgia can be attributed to vaccinations he received in service, thus granting service connection for these conditions.

The veteran's service connection claims for joint pains, muscle pain in the upper and lower extremities and torso, and chronic fatigue have been granted due to their presumed relationship to active military service. The breathing problems (chronic bronchitis) are not considered presumptively related to service.

The veteran's claims for service connection for chronic fatigue, headaches, muscle aches, joint pain, sleep disturbance, depression and irritability, memory loss, duodenal ulcer with rectal bleeding, and eczematous dermatitis were all denied. The claim for duodenal ulcer with rectal bleeding was granted.

The Board has determined that the veteran does not have service connection for fibromyalgia, chronic fatigue syndrome, gout and joint pain (knees, ankles, hands, wrists), or abnormal weight loss. The claim of service connection for a sleep disorder is also denied.

The Board denied the veteran's claims for service connection for chronic fatigue as due to an undiagnosed illness and for numbness of the left arm as due to an undiagnosed illness, finding that new and material evidence had not been submitted and no current disability was related to service or an undiagnosed illness.

The Board found that the veteran's fatigue is not due to an undiagnosed illness or a medically unexplained multisymptom illness, and concluded that it was attributable to his hepatitis C. Therefore, service connection for chronic fatigue on a presumptive basis is denied.

The Board has determined that the veteran's claimed disabilities are not proximately due to VA carelessness, negligence, lack of proper skill, error in judgment, or similar instance of fault on the part of VA. The appeals for compensation under 38 U.S.C.A. § 1151 have been denied.

The Board has decided to remand the veteran's claims for service connection due to his outstanding request for a Travel Board hearing at the Philadelphia RO.

The veteran's claims for increased ratings and service connection were denied. The Board found no basis for a higher rating or to reopen the claim of service connection.

The veteran's service-connected CFS is rated at 40 percent, effective from November 24, 1999. His service-connected migraine headaches are rated at 30 percent, also effective from November 24, 1999.

The Board denied the veteran's claims for service connection for chronic fatigue syndrome and hypothyroidism, finding that there was no current diagnosis of chronic fatigue syndrome and noting that the preponderance of evidence is against a finding that hypothyroidism is related to service.

The veteran's appeal is being remanded for additional development, including obtaining Social Security Administration records and medical records from providers who treated him. The claims for non-service connected pension benefits, hepatitis C service connection, chronic fatigue syndrome service connection, depression service connection, and post-traumatic brain syndrome service connection are also being reviewed.

The Board has reopened the veteran's claims for service connection for chronic fatigue syndrome and fibromyalgia due to new evidence submitted since the last denial. The claims are granted as there is sufficient evidence to support a diagnosis of these conditions during service.

The veteran's appeal has been dismissed as she withdrew her substantive appeal.

The Board is remanding the veteran's claims for additional development due to the complexity of the issues and need for further medical examination.

The Board found that the veteran's arthritis, chronic fatigue syndrome, and fibromyalgia did not have a direct link to service. The conditions were either not shown to be caused by events in service or are too remote from service.

The Board has determined that additional due process considerations remain to be satisfied, including notification of the presumptive period for Gulf War illnesses and a proper VCAA notice letter regarding the claim to reopen a claim of service connection for lumbar spine disability. The veteran should also undergo examinations to determine the etiology of his right upper extremity and cervical spine disabilities, as well as any currently diagnosed chronic fatigue, headaches, joint pain, and memory loss.

The Board found that the veteran's conditions, including anemia, chronic dermatitis, and chronic fatigue syndrome, do not meet the criteria for initial compensable evaluations or service connection under the applicable rating criteria. The Board also noted that there is no evidence of a current disability related to retinal detachment.