The Board found that the veteran's service-connected CFS and GERD do not meet the criteria for a compensable disability rating under the applicable VA rating schedule.
The deciding factor: The medical evidence did not show periods of incapacitation requiring bed rest or treatment by a physician, nor did it demonstrate fatigue symptoms that nearly constant restricted routine daily activities to less than 50 percent of pre-illness levels.
- Claimed conditions
- Chronic Fatigue Syndrome (CFS), Gastroesophageal Reflux Disease (GERD)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- November 6, 2008
- Citation
- 0838428
This is a plain-language summary generated by AI from a public Board of Veterans’ Appeals decision. It can contain errors — always verify against the original. Search VA.gov for the original decision (opens in a new tab) using citation 0838428.
What this means for you
A final Board denial may be appealed to the U.S. Court of Appeals for Veterans Claims, generally within 120 days of the Board mailing date. A Supplemental Claim with new and relevant evidence is a separate option. Another Higher-Level Review of the Board decision is not available. Check your own notice: this historical decision does not set your deadline.
What you can do next
Use your own notice and decision stage. A remanded issue is not a final court-appealable denial. VA review guidance and CAVC filing instructions (U.S. federal; reviewed October 7, 2026).
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Whole decision: Granted
The Veteran's acquired psychiatric disorder is granted a 70% rating, effective July 15, 2024. The Veteran's GERD remains at a 10% rating.
- Whole decision: Granted
The Veteran's PTSD is granted at a 70 percent rating prior to July 29, 2024. The GERD rating remains at 30 percent disabled but no higher.
- Whole decision: Denied
The Veteran's appeals for increased ratings for Chronic Fatigue Syndrome and Chronic Dermatitis were denied. The Board found that the Veteran's CFS did not meet the criteria for a higher rating, as his symptoms restricted routine daily activities to less than 50 percent of the pre-illness level. For Chronic Dermatitis, the Board determined that topical therapy was sufficient without requiring systemic therapy.
- Whole decision: Remanded (sent back)
The Veteran's IBS with GERD was granted an initial 60 percent rating. The Board has remanded the issue of service connection for obstructive sleep apnea due to insufficient medical opinions and development.
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