The veteran's service-connected chronic fatigue; diffuse muscle, body, and joint pain; nausea; vomiting, cephalgia; hypersensitivity; tender points over the right side of the face and forehead; and weakness and numbness of the right half of the body due to undiagnosed illness is not entitled to a disability evaluation in excess of 20 percent.
The deciding factor: The Veteran's symptoms are episodic, often precipitated by environmental or emotional stress or overexertion, but present more than one-third of the time and are refractory to therapy. However, they do not meet the criteria for a higher rating as they are not constant or nearly constant.
- Claimed conditions
- chronic fatigue, diffuse muscle, body, and joint pain, nausea, vomiting, cephalgia, hypersensitivity, tender points over the right side of the face and forehead, weakness and numbness of the right half of the body
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 20%
- Decision date
- March 19, 2009
- Citation
- 0910253
What this means for you
A denial is a starting point, not the end of the road. You can see why this claim fell short — and, if you are still inside the one-year window, the appeal lanes that may remain open to you.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Denied
The Board denied service connection for various conditions, including a head injury, headache disorder, erectile dysfunction, left earache disorder, chronic fatigue, right shoulder disorder, irritable bowel syndrome, right foot disorder, GERD, and left shoulder disorder, as the evidence did not support current diagnoses of these conditions.
- Denied
The Board denied service connection for multiple conditions, including cervical spine, chronic fatigue, and various nerve damages, as the evidence did not support a finding of a current disability related to in-service events.
- Remanded (sent back)
The Board remands the claims for service connection due to pre-decisional duty to assist errors, including inadequate VA examinations and failure to obtain etiological opinions.
- Denied
The Board denied service connection for hypertension, a right knee disorder, a left knee disorder, a neck disorder, and chronic fatigue. The claims for obstructive sleep apnea, headache disorder, and an acquired psychiatric disorder were remanded.
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