Veteran Chronic Fatigue Syndrome Claim Denial | File An Appeal
A claim denial for Chronic Fatigue Syndrome can leave a veteran without the disability benefits they need to cover their medical bills and lost income, but our team can help veterans successfully appeal for compensation from the VA.
Summary
- Chronic Fatigue Syndrome (CFS) is poorly understood, making diagnosis and securing VA disability benefits challenging for veterans, often leading to claim denials.
- The VA rates CFS from 10% to 100% disability based on severity and impact on daily activities.
- Common symptoms of CFS include fatigue, cognitive issues, and physical pain. Veterans must provide a formal diagnosis, detailed medical records, and proof of a service connection to claim VA benefits for CFS.
- CFS is presumptively service-connected for Gulf War veterans. Others must establish a medical nexus to active duty service.
- Experienced VA disability attorneys at VetLaw can guide veterans through the appeals process to secure disability compensation for CFS.
Unfortunately, because CFS is not well-understood, many veterans face an uphill battle to get a diagnosis, let alone claim VA disability benefits. Additionally, the physical and mental exhaustion that accompanies service-connected Chronic Fatigue Syndrome can be an impediment to veterans attempting to secure VA benefits.
Our VA disability claim appeals attorneys can guide you through the process of disputing a veteran claim denial for Chronic Fatigue Syndrome. As a law firm, VetLaw has proudly served veterans for a decade, helping them to obtain the disability compensation they deserve, and we are prepared to do the same for you.
Give us a call at (855) 905-1735 or submit a contact form through our website to schedule a free consultation.
WAS YOUR VETERAN DISABILITY CLAIM FOR CHRONIC FATIGUE SYNDROME MET WITH DENIAL?
The selfless individuals who give their service to the military are put through a great deal of stress, both physically and mentally. Unfortunately, many veterans suffer from physical ailments as a result of their military service.
While most of these physical injuries are pretty straightforward when it comes to receiving diagnosis and treatment, others aren’t. Chronic Fatigue Syndrome is one condition that often goes undiagnosed or even denied, leaving many veterans in a vulnerable position.
Read on to learn more about veteran disability for Chronic Fatigue Syndrome and what to do if you received a denial on your VA disability claim.
Diagnosing and Treating Chronic Fatigue Syndrome in Veterans
According to the Mayo Clinic, Chronic Fatigue Syndrome is a systemic exertion intolerance disease (SEID) or myalgic encephalomyelitis (ME). In order to receive VA disability benefits, you will need a current diagnosis of Chronic Fatigue Syndrome (CFS) from your doctor.
However, this is often easier said than done, as many medical professionals are hesitant to diagnose patients with this condition. While CFS is a serious chronic illness, common among both the general population and veterans, it is still a very misunderstood illness.
Even when obtaining a diagnosis, receiving proper treatment can be just as difficult due to the many unknowns that still exist around CFS. Unfortunately, with all the uncertainty surrounding CFS, many VA disability claims for CFS are denied.
Due to the high chance of denial, it is in your best interest to work with a qualified VA disability attorney who can help you obtain service connection and the treatment that you deserve.
HOW DOES THE VA RATE CHRONIC FATIGUE SYNDROME?
Along with having an experienced attorney on your side, it’s also important to understand how the VA rates CFS. In alignment with the current protocol, the VA disability ratings for Chronic Fatigue Syndrome are:
10% Disability Rating For Chronic Fatigue Syndrome
With a 10% VA rating, your CFS likely waxes and wanes. This leaves you with periods of incapacitation for at least a week but less than two weeks each year.
20% Disability Rating For Chronic Fatigue Syndrome
With a 20% VA rating, your CFS can be felt nearly constantly. Additionally, it restricts your daily activities by less than 25% of pre-illness levels. You are likely to experience periods of incapacitation between two and four weeks out of the year.
40% Disability Rating For Chronic Fatigue Syndrome
With a 40% VA rating, your CFS likely restricts your daily activities to 50-75% of your pre-illness level. You likely experience incapacitation between four and six weeks out of the year.
60% Disability Rating For Chronic Fatigue Syndrome
With a 60% VA rating, your CFS likely restricts your daily activities to 25-50% of your pre-illness level. You likely experience incapacitation six or more weeks out of the year.
100% Disability Rating For Chronic Fatigue Syndrome
With a 100% VA rating, your CFS is likely so debilitating that your daily routines and activities are almost completely restricted.
Quantifying a veteran’s CFS symptoms with a rating allows the VA to determine the appropriate level of compensation to offset the costs of the veteran’s disability. The VA may adjust a Chronic Fatigue Syndrome rating over time to reflect the fluctuation in a veteran’s symptoms.
What Are the Main Symptoms of Chronic Fatigue Syndrome?Â
Essentially, this means that the more severe your CFS symptoms are, the higher the VA rating you will receive. The VA disability rating for CFS largely depends on the frequency, severity, and duration of your symptoms. Many veterans with CFS experience physical and cognitive symptoms.
Common signs and symptoms of CFS include:
- Loss of memory or concentration
- Low-grade fever
- Unexplained muscle or joint pain
- Sleep disturbances
- Sore throat
- Enlarged lymph nodes in your neck or armpits
- Headaches
- Worsening of symptoms following physical or mental activity
- Fatigue or exhaustion lasting more than 24 hours
Oftentimes, the symptoms of Chronic Fatigue Syndrome are mistaken for other conditions or dismissed as stress.
Keeping records of your symptoms can help your provider account for the full scope of your condition when they make a diagnosis. Remember, a CFS diagnosis from a medical professional is essential to securing VA disability benefits.
Additionally, having thorough documentation of your CFS symptoms can help your veteran disability claim appear more credible to the VA. The VA will be able to use your medical records as evidence, to confirm your diagnosis, identify a service connection, and rate your CFS.
COMMON CAUSES OF SERVICE-RELATED CHRONIC FATIGUE SYNDROME
While much is still unknown about CFS, there are some known correlations among veterans diagnosed with CFS. One correlation is that many service members who are now being diagnosed with Chronic Fatigue Syndrome were stationed in Southwest Asia during the Gulf War.
In fact, the VA even recognizes CFS as a presumptive condition for Gulf War veterans. Along with the connection between CFS and Gulf War Veterans, other common causes of CFS include:
- Viral infections
- Psychological stress
- Hormonal imbalances
- A weakened immune system
- Genetic predisposition
The medical community is still trying to determine why certain people develop Chronic Fatigue Syndrome. It appears that both physical and psychological factors can play a role.
Unfortunately, the lack of a definitive cause can delay or even derail a veteran’s attempts to secure a diagnosis. Our VA disability claims lawyers can help you navigate this common obstacle to secure veteran disability benefits for Chronic Fatigue Syndrome following a claim denial.
HOW IS SERVICE CONNECTION ESTABLISHED FOR CHRONIC FATIGUE SYNDROME?
With the uncertainty surrounding CFS, there is some complexity in establishing a service connection with Chronic Fatigue Syndrome. Due to the high number of Gulf War Veterans already diagnosed with CFS, the VA naturally presumes a service connection for CFS if you served in the Southwest Asia theater operation on or after August 2, 1990.
However, the VA sometimes questions the CFS diagnosis. Therefore, it’s important to make sure the diagnosis is adequately supported in your medical records. Be sure to do this prior to filing an application requesting service connection for chronic fatigue syndrome.
If you did not serve in the Southwest Asia theater of operations after 1990, a service connection can still be established for CFS if you can otherwise show a nexus to your active duty service. An experienced VA disability attorney will be able to help you build your case and establish this connection.
CONTACT A VA DISABILITY LAWYER TODAY About Your Chronic Fatigue Syndrome VA Claim
A veteran disability lawyer’s role is to assist you throughout the confusing and often frustrating claim appeals process if you have received a denial of benefits for your service-connected Chronic Fatigue Syndrome.
Generally, you need to be denied at least once before an attorney can assist you. However, once a VetLaw lawyer is involved they can determine what needs to be done in order to prove entitlement.
If your VA disability claim for Chronic Fatigue Syndrome was denied, contact the VA-accredited attorneys at VetLaw right away. We can help make sure you get the entitlement you deserve.
Our VA disability benefits denial attorneys have walked this path with veterans from across the country for the last decade. This has given us a broad perspective on the challenges veterans with Chronic Fatigue Syndrome face when they pursue VA disability benefits, as well as the skills to help overcome these roadblocks.
You can reach us at (855) 905-1735 or submit a contact form online to schedule a free consultation. We’ll work closely with you to help you achieve the VA benefits you have earned through your military service.
FREQUENTLY ASKED QUESTIONS
Can you get disability for chronic fatigue syndrome?
If you’re suffering from chronic fatigue syndrome due to your military service, you likely qualify for VA disability benefits. You will need to prove your diagnosis and that the CFS is service-related before you can start receiving benefits.
Can chronic fatigue syndrome be secondary to PTSD?
If you are a veteran who has been diagnosed with PTSD and you are now suffering from chronic fatigue syndrome, the two may be related. In some cases, if you can prove that your CFS is caused by your service-connected PTSD this may be enough to establish a service connection for your CFS.
Can chronic fatigue syndrome be presumptive service-connected by the VA as a chronic disease?
There are a few particular situations where CFS is considered to be presumptively service-connected. One example is if you served in Iraq or elsewhere in the Middle East, including at sea in the Persian Gulf anytime on or after August 2, 1990. This would fall under the VA’s Gulf War Presumption.
