Sample Statement In Support Of The Claim Va 21
The Claimant would like to reopen his claim that was filed in February 2010 and decided 22 August 2012 for the issue of irritable bowel syndrome that is a medically unexplained chronic multi-symptom illness based on a clear and unmistakable errors made by the AOJ in that they did not apply 38 USC §§1117, 1118, the federal register 68 FR 34541, June 10, 2003 and 38 CFR §3.317 as well as the case law Gutierrez v. Principi, .
The 8-22-2012 decision is in error by stating that there was no nexus to the claimants service for the diagnosed IBS. The decision is in error when it stated that claimants STR did not contain any records of treatment for the IBS, any symptoms, or diagnosis as this is a presumptive illness, the claimant does not need to have evidence if the illness in his STR. See Gutierrez v. Principi, . The AOJ did not apply the regulation of presumptive illness of 38 CFR §3.317 where the illness at the time of the decision had until 2016 to manifest a degree of 10 percent or more. Instead, the AOJ erred by stating the need for a nexus of the claimants IBS and that it needed to have started in the service. IBS is a presumptive illness in 38 CFR §3.317 Functional gastrointestinal disorders .
Distribution and Disclaimer
Thank you one and all, James A. Bunker, Executive Director & VA Accredited Claims Agent.
Your Claim Might Be Missing Documents That The Va Needs To Review
When processing a disability claim, the VA requires specific documentation from all Veterans. Without these documents, your claim will be denied by default. When you appeal a VA decision, you will have a second chance to present the VA with military personnel records, medical records, and other required documentation whenever a disability claim is filed.
During the VA appeals process, you can also submit additional evidence that can lead to a better outcome for your claim. If specific military records might play a role in the VAs review of your claim, these records can and should be presented as evidence in support of your claim. Your attorney can help you find and compile military documentation that can help make a strong case for the VA to change their decision.
Why Is Presumption Of Service Connection So Important
Presumptive service connection is important because it allows the VA to skip the nexus requirement, meaning you dont need a doctor to say that all your symptoms stem from a particular event or events that occurred during your deployment overseas. In other words, it cuts through a layer of red tape. The only requirements for presumptive service connection for Gulf War syndrome are the following:
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Va Disability Benefits For Chronic Fatigue Syndrome
To receive benefits, veterans must first complete a medical examination to provide evidence of their diagnosis, as well as submit a claim for CFS service-connection. The VA will then evaluate and determine the severity of the disability, as well as provide benefits. The VA uses this disability rating to establish how much monthly compensation one is eligible for as well as ones eligibility for additional VA services. The intention behind these ratings is to compensate veterans for the average loss of earning capacity caused by their condition.
Veterans who suffer from Chronic Fatigue Syndrome may be eligible for disability benefits through the Department of Veterans Affairs . The VA has established a schedule for rating CFS based on the levels of impairment it causes. The VA may also consider other factors, such as the impact of CFS on the veterans ability to socialize and perform daily activities, in determining the severity of the disability.
The VA disability rating is a system to determine the level of benefits a veteran is eligible for.
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Is Chronic Fatigue Syndrome A Disability
Chronic Fatigue Syndrome can cause a host of ongoing physical and cognitive symptoms that can result in long term disability. These symptoms can be particularly distressing because they do not improve with rest. Individuals with CFS may be confined to their bed for days or weeks following even low levels of exertion. Your insurance company will want to know all of your symptoms so it can better understand how and why they prevent you from working.
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Information For Healthcare Professionals
The SSA has a ME/CFS-related fact sheet for healthcare professionals. The fact sheet, Providing Medical Evidence for Individuals with Myalgic Encephalomyelitis/Chronic Fatigue Syndrome , explains the definition of disability and what SSA needs from doctors when evaluating disability in patients with ME/CFS.
Chronic Fatigue Syndrome And Social Security Disability Benefits
Unless you know what Social Security is looking for in a claim, chronic fatigue disability is a challenging condition on which to base a claim.
Social Security does not include diagnostic criteria for chronic fatigue syndrome in their Listing of Impairments. However, Social Security does allow for CFS patients to obtain disability when medical signs and laboratory findings meets or equals a medical impairment they can define and measure.
Social Security ultimately awards disability benefits for chronic fatigue based on your ability to function in the workplace, with age and education as contributing factors, provided that:
If you were denied on your initial application for chronic fatigue disability under Social Security, do not abandon your claim.
Social security claim denials happen to the majority of initial claims for countless medical conditions. This is most often because most applications lack sufficient and necessary documentation needed by the examiner as conclusive and evidentiary support the claim.
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How To Diagnose Chronic Fatigue Syndrome
To receive VA disability benefits, veterans must receive a medical diagnosis of the condition. This can be difficult as there is no single cause of CFS and its symptoms are similar to other conditions.
However, there are a few key signs that can help medical professionals to identify CFS.
For VA purposes, the diagnosis of CFS requires:
If you believe you have CFS, its critical to get a diagnosis from your doctor. Most veterans with CFS can live a relatively normal lifestyle if treated appropriately.
Where Do Most Veterans Get Cfs
Gulf War veterans are significantly more likely than the general population to develop chronic fatigue syndrome. While the exact cause of CFS is unknown, it is believed to be associated with Gulf War-related exposures, such as chemicals and hazardous materials. Treatment for CFS typically focuses on managing symptoms and improving quality of life.
According to a study posted in NCBI, Gulf War veterans are also more likely to suffer from post-traumatic stress disorder , which has been linked to the development of CFS. As a result, Gulf War veterans should be aware of the risks associated with CFS and seek medical help.
If you are a Gulf War veteran who is experiencing fatigue or other unexplained symptoms, it is important to talk to your doctor about the possibility of CFS.
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How Do I Apply To Receive My Ratings
If you are still in the military, then you can request your military physician to refer you to the MEB and start the IDES process. If you are already a veteran, you can submit a VA Disability Claim along with evidence of service-connection and all medical records regarding the conditions on the claim.
Recipients By Marital Status And Gender
The majority of DSP recipients are not partnered with females more likely to not have a partner than males .
Proportionally, males and females are similar in the de facto category . Males are more likely than females to be married or single while females are more likely to be divorced, separated or widowed. While the proportion of partnered male recipients has decreased since 1998 , the proportion of females has increased .
The higher percentages of divorced, separated and widowed women could be the result of a number of factors:
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Me/cfs Disability Benefits For Veterans
A lot of people dont believe veterans when they say they have Chronic Fatigue Syndrome because its a rule-out condition. Its often diagnosed after ruling out things like HIV/AIDS, mental health conditions, other health problems that could be affecting sleep or simple insomnia. Since it is that type of condition, it can be hard to get a clear chronic fatigue syndrome disability rating.
Can you get VA disability for chronic fatigue syndrome? For many veterans, the answer is yes.
Treatment for CFS is just as tricky as the diagnosis. Sometimes you can be prescribed painkillers or anti-depressants often treating the most notable symptoms that might be causing it. Exercise, physical therapy, and counseling might also be ordered, but again that is to treat the symptoms that surround chronic fatigue syndrome rather than diagnose it.
We Assist Canadians With Chronic Fatigue Syndrome Receive The Money They Deserve
We have helped Canadians with chronic fatigue syndrome for over 10 years. With our assistance, you will have a professional working closely with you to complete your T2201 and ensure that your application proves compelling to the Canadian Revenue Agency.
Many Canadians with chronic fatigue syndrome have their Disability Tax Credit denied because the CRA is unconvinced that their mental or physical condition is prolonged or severe enough. We can help you submit a strong application to set your mind at ease. Our team will ensure that your application is compelling and convincing to get you the tax credit you deserve.
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Even The Va Is Still Learning About Chronic Fatigue Syndrome
CFS could be part of a bigger VA disability claim for a higher rating. This official document from the VA talks about CFS being part of a MUCMI claim. A Medically Unexplained Chronic Multisymptom Illness is something that is affecting many soldiers after they come home from the Persian Gulf and other recent conflicts. If you have enough symptoms that point to a MUCMI VA claim, then well present that to the VA instead of just trying to win your claim for chronic fatigue syndrome.
Our staff talks every day with veterans with hard-to-prove disabilities. We know how to work with you, your spouse, and the VA to get you a fair and just hearing. We can even help you appeal a denial and fight for an earlier effective date in case the VA tried you cheat you out of back pay.
combined VA rating and monthly payment
Was Your Va Disability Claim For Chronic Fatigue Syndrome Denied
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 arent quite as straightforward. 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 VA disability for Chronic Fatigue Syndrome and what to do if your claim was denied.
According to the Mayo Clinic, Chronic Fatigue Syndrome is a systemic exertion intolerance disease or myalgic encephalomyelitis . In order to receive VA disability benefits, you will need a current diagnosis of Chronic Fatigue Syndrome 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.
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Obtaining Va Disability Benefits For Mucmi And Cmi
The two steps to filing a VA disability benefits claim areto identify a disability and establish that it is connected to your service.However, when dealing with MUCMI and Gulf War Syndrome, these steps blurtogether. This is because of the inherent contradiction introduced by the wordsmedically unexplained. This puts veterans in a bind once they have adiagnosis sufficient to seek VA disability benefits, they are at risk of losingthe MUCMI service connection presumption because their condition is nowmedically explained.
What Is Chronic Fatigue Syndrome
Chronic fatigue syndrome is a complex, multisymptom, debilitating illness characterized by physical and mental manifestations. It is a unique condition that simply cannot be justified under any prevailing medical condition. The condition can be even more difficult to manage if you are a veteran. The fatigue is often accompanied by other severe symptoms such as insomnia, muscle pain, and brain fog.
Veterans with chronic fatigue syndrome may be eligible for benefits from the Department of Veterans Affairs. These VA disability benefits can help veterans cope with the effects of this condition.
Although the exact cause of this illness is unknown, it is believed to be triggered by a combination of factors such as infections, mental stress, and hormonal imbalances.
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What If My Rating Is Too Low
In some cases, the VA will approve a disability claim for Chronic Fatigue Syndrome but will not give a Veteran a disability rating that is high enough. If you received a 10% disability rating but feel that you deserved to be rated at 40%, for example, you can appeal the VAs decision and request a review of your claim.
The appeals process involves a decision review, in which the VA may accept additional evidence that can lead to a higher rating. Sometimes, depending on the appeal lane you choose, the VA may pass your claim to a senior official for another review. Going through the appeals process with an experienced attorney could increase your chances of getting a favorable outcome in your claim.
Is Chronic Fatigue Syndrome A Service
Although CFS can be service-connected, the cause and cure is unknown. Symptoms include generalized muscle aches including extreme fatigue, joint and muscle pain, headaches, and memory problems.
CFS can significantly impair a persons quality of life. Some experts believe that CFS is caused by an interaction between psychological stress and infection. However, there is no evidence to support this theory.
Other experts believe that CFS is the result of an imbalance in the autonomic nervous system. This theory is also unproven. As such, the cause of CFS remains a mystery.
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Va Disability Compensation Rates
The 2022 VA disability compensation rates are below :
- 10 percent disability: $152.64 per month
- 20 percent disability rating: $301.74 per month
- 30 percent disability rating: $467.39 per month
- 40 percent disability rating: $673.28 per month
- 50 percent disability rating: $958.44 per month
- 60 percent disability rating: $1,214.03 per month
- 70 percent disability rating: $1,529.95 per month
- 80 percent disability rating: $1,778.43 per month
- 90 percent disability rating: $1,998.52 per month
- 100 percent disability rating: $3,332.06 per month
For service-connected VA disabilities, you are eligible for ongoing care and medication at VA facilities. If service-connected for CFS, you may be entitled to receive these VA disability compensations and benefits.
Chronic Fatigue Syndrome And Va Disability Benefits
What Is Chronic Fatigue Syndrome?
Chronic fatigue syndrome , also known as myalgic encephalomyelitis , is a complicated condition that is often characterized by extreme fatigue that lasts for at least six months which cannot be explained by a different medical condition. The fatigue worsens with mental and physical activity, but is not relieved by rest. Some other symptoms common to this condition are:
- Unrefreshing sleep
- Dizziness that worsens with moving from lying down to sitting upright or standing
- Difficulties with memory and concentration
- Unexplained muscle or joint pain
- Enlarged lymph nodes in the neck or armpits
The cause of CFS remains unknown, but there are many theories as to its etiology, including viral infections or psychological stress. Some doctors believe a combination of factors could cause the syndrome, which could explain its complicated presentation. While there is no single medical test that can definitively diagnose the condition, doctors often use a variety of medical tests to rule out other health conditions that have similar problems. Due to the uncertain cause of CFS, treatment typically focuses on reducing symptom severity.
Chronic Fatigue Syndrome And Veterans
How The VA Rates Chronic Fatigue Syndrome
Under 38 CFR § 4.88a, the VA diagnoses chronic fatigue syndrome if the following factors are met:
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Houston Veterans Attorney Chronic Fatigue Disability Claims
According to Veterans Affairs , chronic fatigue syndrome, also known as CFS, is a severe and persistent fatigue that a person experiences, regardless of how much sleep he or she has received. Unfortunately, CFS is a complicated disorder that cant be explained by any underlying medical condition. Furthermore, this condition is often associated with veterans who served in the Gulf War, and because this illness appeared among many Gulf War veterans, the VA doesnt require a proven connection between the soldiers military service and the illness in order to receive VA disability compensation.
If you live in Houston and meet the criteria of chronic fatigue disability (or you are a Gulf War veteran and you suspect youre suffering from chronic fatigue syndrome, then it is critical to contact Houston veterans attorney William Herren today. At Herren Law, we have helped hundreds of Houston and Texas veterans obtain disability benefits from injuries or illness acquired while they were in service, and we are confident that we can help you too!
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