As a veteran-owned law firm, we have unique insight into the disability claims process. We know our fellow service members are overwhelmed when they apply for VA disability fibromyalgia benefits. And, we also know what the VA looks for in claims and what their processes are like.
The fact is, the VA’s regulations and procedures constantly change. It’s difficult for the average person to keep up. That’s why we help veterans with service-related fibromyalgia obtain the disability benefits that they deserve, even if their initial claim is met with a denial from Veteran Affairs.
Fibromyalgia is a chronic musculoskeletal condition. Veterans with fibromyalgia experience:
Fibromyalgia can make it difficult to work, take care of yourself and your family, and live life to the fullest. Unfortunately, some VA disability claims for fibromyalgia are denied.
While it is frustrating for veterans, VA disability claim denials are common. You may receive a claim denial if:
The good news is, a denial isn’t the end of the story. Veterans have the right to appeal their VA disability claims for fibromyalgia.
We can help you with the appeal process, even if we didn’t work on your initial claim. Our lawyers know what a strong disability benefits application looks like. We’ll do the hard work of making sure your application is complete and well-documented.
The VA assigns a disability rating based on the severity of your fibromyalgia. Disability ratings are expressed as percentages. To determine your disability rating, the VA takes a look at:
The VA disability ratings for fibromyalgia are covered in the Code of Federal Regulations, Title 38, § 4.71a diagnostic code 5025. Fibromyalgia may receive a disability rating of 40%, 20% or 10%.
Some veterans have more than one service-related illness or injury. When that is the case, the VA considers all conditions to calculate a combined disability rating. This rating cannot exceed 100%.
Veterans who have a family history of fibromyalgia may be more likely to develop the condition. Service-related fibromyalgia may be brought on by:
People with fibromyalgia may have other related symptoms such as tension headaches, anxiety or depression, and TMJ disorders.
More women than men are diagnosed with fibromyalgia. Some healthcare professionals believe that many men with the condition don’t seek treatment for their symptoms. Or, the men that do go to the doctor are either undiagnosed or misdiagnosed.
Service connection for all conditions, including fibromyalgia, is established in one of two ways:
You must be able to prove, through medical records and other documentation, when your symptoms first occurred.
There are special service connection guidelines for Gulf War Veterans. According to the VA, “Fibromyalgia is a presumptive illness for Gulf War Veterans.” That means that these veterans who served in the Southwest Asia theater of military operations may not have to prove that there is a connection between their fibromyalgia symptoms and their military service. Unfortunately, it can be difficult to be formally diagnosed with fibromyalgia, as there is no specific test to diagnose the condition.
To qualify as a presumptive illness, a Gulf War Veteran’s fibromyalgia must:
No matter when you served our country, our VA disability attorneys are ready to help with your denied fibromyalgia VA disability claim.
Depending on the severity, fibromyalgia will usually result in a rating from 10% to 40%.
The pain of fibromyalgia could result in someone not being able to walk. Usually, this happens when fibromyalgia leads to rheumatic conditions which can cause joint pain, muscle weakness, and stiffness in the legs.
The hardest part about getting disability compensation from the VA for fibromyalgia is proving that it is service-connected. Sometimes, it is also difficult to obtain an official diagnosis of fibromyalgia, as there is no specific test to confirm fibromyalgia.
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 fibromyalgia. Generally, you need to be denied at least once before an attorney can assist, but once a lawyer is involved they will often be able to quickly determine what needs to be done in order to prove entitlement.
If your VA disability claim for Fibromyalgia has been denied, be sure to contact the VA Accredited Attorneys at VetLaw right away to help make sure you get the entitlement you deserve.