Persian Gulf Vets And Chronic Fatigue Syndrome
If you served in Afghanistan, Iraq, or anywhere else around the Persian Gulf, you might be eligible for additional claims. There are a lot of vets that came home from the Persian Gulf with symptoms of fibromyalgia, rheumatoid arthritis, and irritable bowel syndrome. This combination is being called Gulf War Syndrome and carries its own rating. This is why it is so important that you work with a professional VA disability lawyer on your case. A VA rating for one set of symptoms might exclude you from getting a higher rating for those same symptoms if they point to a different disability.
Fibromyalgia/chronic fatigue syndrome disability cases that arent for troops from the Persian Gulf must be handled differently than those that might be Gulf War Syndrome. To get the highest rating for all of your disabilities, call us and ask our caseworkers about your claim. You can ask all of the questions you want for free at 232-5777 and we wont charge you anything unless we win your case. If you are unable to work, you should call us immediately so we can work on getting you 100% or TDIU benefits.
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.
An Example From An Actual Va Disability Appeal For Cfs Benefits
This statement from the VA shows what they consider incapacitated and give a hint on what you should claim and when you apply:
As such, to warrant a 40 percent rating, the Veteran would have to display symptoms that were nearly constant and restrict routine daily activities to 50 to 75 percent of the pre-illness level or which wax and wane, resulting in periods of incapacitation of at least four but less than six weeks total duration per year. 38 C.F.R. § 4.88b, Diagnostic Code 6354 . While the Veteran does claim that his symptoms of fatigue, inability to concentrate, forgetfulness, and confusion are nearly constant,he has also claimed that his routine daily activities were restricted by about 30 percent of the pre-illness level. The Veteran has not claimed incapacitation by his symptoms, nor has he produced any evidence of physician-prescribed bed rest for his symptoms. As such, the Veteran does not qualify for a 40 percent disability rating under Diagnostic Code 6354.
Taken from
What Are the Symptoms of CFS?
The 3 main symptoms are more like classifications by the CDC: 1. Extreme fatigue after doing a normal task. 2. Symptoms that get worse after heavy mental or physical activity, not just always tired. 3. Still being tired after a full nights sleep.
Do I Automatically Get CFS Disability Benefits if Im a Persian Gulf Veteran?Do I have to be bed-ridden to apply for CFS Benefits?
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Overcoming The Hurdles To Va Benefits For Mucmi And Cmi
As noted above, the presumptive service connection for GulfWar veterans with MUCMI poses a structural hurdle to obtaining VA disabilitybenefits. You need a diagnosis to file a VA disability claim, but if thediagnosis is too specific, you might not be allowed to use the presumption ofservice connection for MUCMI.
Moreover, there is skepticism within the VA aboutundiagnosed Gulf War illnesses such as chronic fatigue and chronic pain. Sincethe very definition of MUCMI is that the symptoms are not measurable using anytest or examination and present themselves out of proportion to any physicaldisability, there is some belief that Gulf War veterans are just making uptheir symptoms.
As a result, you should be prepared for a battle with the VA to get your VA disability benefits for MUCMI medically unexplained chronic multisymptom illness or CMI chronic multisymptom illness. These types of claims have had a very high denial rate in the past and this is likely to continue.
To discuss your strategy for obtaining for MUCMI and CMI. VA benefits, contact a VA attorney who is familiar with Gulf War Syndrome and other MUCMIs. A VA attorney can assist you regardless of your current location or whether you were deployed during your military service.
Whats the difference between MUCMI and CMI?How does the VA decide a rating for MUCMI if it doesnt exist?
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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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:
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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An Independent Medical Examination Can Change The Outcome Of Your Claim
If you receive a low disability rating from the VA, you may be able to get your rating changed by presenting further medical evidence. One of the best ways to make a strong case for getting a higher disability rating is to get an independent medical examination .
An independent medical examination involves an evaluation by a doctor who is not affiliated with the VA. When you get an IME, your doctor will review your military records and perform any necessary tests to establish a stronger connection between your disability and your military service. These can be extremely effective if you visit your family doctor who has treated your condition over time and understands the effects of your disability on your life.
The results of an independent medical examination can be presented to the VA as part of the appeals process. The VA gives every Veteran who applies to receive benefits an in-house examination known as the Compensation & Pension Exam, and the results of this test can have a key role in the outcome of a claim. However, the results of an independent medical examination can help to support your claim if your C& P exam was inconclusive.
Chronic Fatigue Syndrome Secondary To Ptsd
Many veterans with Chronic Fatigue Syndrome, especially those who were diagnosed long after leaving the military are eligible under the law for Chronic Fatigue Syndrome Secondary to PTSD.
Serviceconnection on a secondary basis requires a showing of causation.
A showing ofcausation requires that the secondary disability be proximately due to or theresult of another service-connected disability.
#1. A medical diagnosis of Chronic Fatigue Syndrome in VA medical records or private records
#2. Evidence of service-connected PTSD at any rating , AND
#3. Medical nexus evidence establishing a connection between the service-connected disability and the current disability
The first part can be satisfied with any existing medical evidence in service treatment records, VA medical records, or any private medical records.
The secondpart can be satisfied with a veterans existing service-connected PTSD ratingof 0 percent or higher.
The thirdpart can be satisfied with a medical nexus letter from a qualifiedmedical professional.
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Is There A Cure For Chronic Fatigue Syndrome
There is no known cure for CFS at the moment, however there are treatments that have been proved to assist veterans manage the symptoms and enhance their quality of life.
CFS is a complex condition and although the precise cause of this sickness is unknown, it is thought to be caused by a variety of factors such as infections, mental strain, and hormonal abnormalities.
Meanwhile, veterans may work with their healthcare provider to create a treatment plan that includes dietary modifications, physical therapy, medicine, and alternative therapies such as massage or acupuncture.
While there is no cure for CFS, with the right treatment plan many veterans are able to significantly improve their symptoms and live fulfilling lives.
How Does The Va Rate Fibromyalgia
If an applicants fibromyalgia is neither constant nor episodic but still requires continuous medication to manage, he or she will receive a disability rating of 10 percent. Otherwise, if an applicant suffers from episodic fibromyalgia that often gets worse following emotional or environmental stress and which is present at least one-third of the time, he or she will receive a disability rating of at least 20 percent. Finally, constant fibromyalgia that therapy cannot improve warrants a disability rating of at least 40 percent.
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What Is The Va Disability Rating For Functional Gastrointestinal Diseases
When the VA regulation on MUCMI refers to functional gastrointestinal diseases, it is not referring to a single condition or disability. Rather, it refers to gastrointestinal diseases in which the structure of the organ is normal, and the function is impaired. This is distinguished from structural gastrointestinal diseases in which the functional impairment is caused by structural damage or deformity.
GERD, as an example, is common among Gulf War veterans with Gulf War Syndrome or other MUCMI. GERD results when the function of the sphincter between the stomach and esophagus malfunctions, allowing acid into the esophagus. This is also known as acid reflux or heartburn.
The disability ratings for GERD are arrived at by using the ratings table for hiatal hernia because the disabilities produce similar symptoms. The disability ratings vary from 10% to 60% depending on the frequency and severity of pain, swallowing difficulties, heartburn, and vomiting, as well as the presence of blood in the vomit or stool.
Is There A Va Disability Rating For Chronic Pain
No, but you can get VA disability for chronic pain. A recent court decision can help a veteran with MUCMI obtain a VA disability rating for chronic pain. In a 2018 case, a court of appeals reversed a longstanding VA policy of rejecting disability claims that alleged pain without identifying the underlying source of the pain.
After this case, the VA had to change its policy to allow claims that only alleged pain as a functional impairment. This means that a veteran who experiences chronic debilitating pain that cannot be explained by a physical cause, such as rheumatoid arthritis or physical injury, can obtain a disability rating based on the body parts affected by the pain.
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Symptoms Of Gulf War Syndrome
Symptoms from multiple toxic exposures can take a while to appear, and can worsen over time. These symptoms fall into two categories: the ones that fit established medical diagnoses and the ones that dont. The following symptoms can be readily diagnosed by doctors:
- Chronic Fatigue Syndrome
- Irritable Bowel Syndrome
- other gastrointestinal illnesses
The second set of symptoms associated with Gulf War Syndrome get filed under unexplained, and may include the following:
- neurological issues
- sleep disorders
- rashes and unusual hair loss
- chemical sensitivities
Of course you could have symptoms from both categories. The reason were making a distinction between the two categories gets at the way the VA evaluates Gulf War Syndrome claims.
Heres how it works. Lets say you were diagnosed with IBS, but you also have some of the unexplained symptoms, like headaches, joint pain, and memory loss. Since a doctor diagnosed you with IBS, you now have to prove that its connected to your military service in order to get disability compensation. However, it makes more sense to broadly interpret your symptoms as all stemming from Gulf War Syndrome. And if you can make an argument that your symptoms line up with Gulf War Syndrome, the VA presumes a service connection and lowers your burden of proof.
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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Common Symptoms Of Chronic Fatigue Syndrome
Symptoms of CFS include thinking and memory issues, orthostatic intolerance such as dizziness, weakness, fainting when upright, and much more.
- Fatigue not relieved by sleep or bed rest which was not always present throughout life
- Worsening of symptoms after activities. These are sometimes referred to as a crash, relapse, or collapse, and some patients can tell when they will happen.
- Problems with sleep which include not being rested after sleep or difficulty staying and/or falling asleep.
For a true diagnosis of CFS the patient must also have one of the two following symptoms:
There are other symptoms that some but not all experience:
- Muscle aches and muscle pains.
- Joint pain without swelling or redness.
- Digestion issues like IBS .
- Chills and night sweats as well as low-grade fevers.
- Tender lymph nodes usually in the neck and underarms.
- Headaches which are new or have become worse.
- Allergies or sensitivities to foods, odors, chemicals, or noise.
Compensation For Fibromyalgia Made Worse By Service
If you were diagnosed with fibromyalgia prior to your service and the disorder advanced in a way that was worse than a natural progression, there is a service connection. However, as you may expect, the two issues that you or your VA disability benefits lawyer will need to be prepared to address are the mechanism by which your fibromyalgia was exacerbated by your service and how the advancement was worse than a natural progression of the condition.
For the first issue, a doctors letter that asserts alink between environmental exposure, physical trauma, psychological stress, andinfection that you experienced during your service can help show that yourcondition was worsened by your time in the military.
On the second issue, each case will vary, but one pathto showing an unnatural progression of your condition would be to show thatyour condition was stable prior to your service, and your service caused yourcondition to worsen. Another path may be to show that your condition rapidlydeclined after your exposure to environmental, physical, psychological, orinfectious stresses. In either case, the event causing the trajectory of yourcondition to change would connect your fibromyalgia to your service.
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Is There A Cure For Cfs
There is no cure for Chronic Fatigue syndrome but medications can be prescribed to help with depression along with physical therapy.
Since there is no cure for CFS the treatment focuses on relief of the symptoms. Medications can be prescribed that help with depression caused by living with CFS, also low dose antidepressants have been shown to improve sleep patterns. Physical therapy can be given to help maintain and improve mobility. Joints and muscles can have a lot of pain during flare-ups, and, due to the fatigue, mobility may not be something a patient can easily do. It is common to have a range of motion exercises, stretching a few minutes each day and steadily increase to build a tolerance. Cognitive training is important to be able to talk to someone about CFS and its limiting factors on life, and how to cope on a daily basis. Complimentary therapies such as meditation, gentle massage, deep breathing, or relaxation therapies may be beneficial to help reduce symptoms.
