VA Disability For Fibromyalgia

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:

• Unexplained pain throughout their body. This pain is widespread and felt on both sides of the body, both above and below the waist.
• Fatigue, even after sleeping for a long time.
• What many describe as “fibro fog”: an inability to concentrate, focus, or pay attention.

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:

• You completed the wrong form. If you consider how many VA forms are out there, that isn’t difficult to do.
• You missed a filing deadline. Life happens. When you hire us, we’ll keep track of all important dates.
• You haven’t “proven” that your fibromyalgia is service-related. Remember, these decision-makers are people that don’t know you. All they see is what is written in black and white. We know what information the VA looks for in establishing service-related connections.

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:

• Your medical records
• The results of your VA claim exam, if you were required to have one
• Any information that is received from other sources, like a “buddy statement” (officially called a Statement in Support of Claim).

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%.

• Constant or nearly constant symptoms that do not respond to symptoms: 40%
• Episodic symptoms that are present more than one-third of the time, and are worsened or aggravated by certain triggers: 20%
• Symptoms that require continuous medication: 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%.