Chronic Pain Va Claims
One of the most helpful things a veteran can do for their claim is to get a private doctor to write a medical opinion. VA disability claims involving chronic pain often benefit from a medical opinion from a private health care professional due to the complexity of the medical condition. This opinion can serve as valuable medical evidence in the claim.
The doctor should discuss the medical research regarding the effect chronic pain has on the brain. Make sure the doctor specifically relates any symptoms of chronic pain to a service-connected condition. For example, if a veteran has a back condition that is service connected, and a shoulder condition that is not service connected, the doctor needs to specifically relate any symptoms associated with chronic pain to the veterans service-connected back condition. This does not mean that a doctor has to state a veterans service-connected condition is the ONLY cause of any symptoms of chronic pain.
Chronic Pain and TDIU
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.
Do I Need A Lawyer To Receive Va Disability For Chronic Fatigue Syndrome
The law does not require you to have a lawyer to apply for VA disability benefits. However, your chances of a favorable outcome after a denied claim can be higher when you have one, particularly if that attorney has years of experience dealing with the VA.
Dealing with the VA is a trying process, and many veterans receive denials over technicalities even though their condition qualifies them for approval. Our attorneys can minimize the chances of that happening by ensuring the case we put together for you is thorough and compelling. We have helped many veterans win disability benefits, even ones whom the VA had previously denied.
We can put our experience to work for you. We will handle all the details of your case for you so you can focus on your health and your family. Call Chisholm Chisholm & Kilpatrick LTD for a free consultation: .
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How To List Fibromyalgia As A Secondary Service
To maximize the compensation for fibromyalgia awarded by theVA, you may want to list fibromyalgia as a secondaryservice-connected disability to any related disabilities. For example, asnoted above, many disability claims include fibromyalgia secondary to PTSD,fibromyalgia secondary to chronic fatigue syndrome, or fibromyalgia secondaryto IBS. The benefit of this approach is that it may be easier to establish a serviceconnection for a different primary service-connected disability, such as PTSD,than for fibromyalgia.
Disability Evaluation Under Social Security
The Social Security Administration has prepared an online guide Disability Evaluation Under Social Security to provide physicians and other health professionals with an understanding of how its disability programs are administered. The guide explains how these programs work and lists the kinds of information that health professionals can provide to help ensure sound decisions on claims. It also includes links to the Listing of Impairments that SSA uses as part of the disability determination process.
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Va Disability Claims For Gulf War Syndrome
The VA presumes that if the following symptoms are related to Gulf War service if they have persisted for 6 or more months and are at least 10 percent disabling:
- Chronic fatigue syndrome
- Fibromyalgia
- Functional gastrointestinal disorders such as irritable bowel syndrome , dyspepsia, and abdominal pain syndrome
- Undiagnosed illnesses with symptoms that may include but are not limited to: abnormal weight loss, fatigue, cardiovascular disease, muscle and joint pain, headache, menstrual disorders, neurological and psychological problems, skin conditions, respiratory disorders, and sleep disturbances
The conditions must have appeared during active duty in the locations previously mentioned in this article. There is no limit to the degree of the disability nor is there an end date for when such claims can be filed.
The reason that presumptive service connection is so important with Gulf War Syndrome claims is that theres no nexus requirement, Evans said. It means you dont have to have a doctor say that your illness is related to your time and service. The VA will allow you to skip that element of proof.
Multiple competing diagnoses can also be favorable for a veteran as it shows disagreement on the nature of the condition. This essentially allows for an argument that the symptoms remain unexplained or inadequately diagnosed. The lack of adequate research on Gulf War Illness is one of the reasons medical professionals often disagree on the diagnosis.
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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How To File: Chronic Fatigue Syndrome Video
NEED MORE ASSISTANCE?
Most veterans are underrated for their disabilities and therefore not getting the compensation theyre due. At VA Claims Insider, we help you understand and take control of the claims process, so you can get the rating and compensation youre owed by law.
Our process takes the guesswork out of filing a VA disability claim and supports you every step of the way in building a fully-developed claim so you can increase your rating fast!
If youve filed your VA disability claim and have been denied or have received a low ratingor youre unsure how to get startedreach out to us! Take advantage of a FREE VA Claim Discovery Call. Learn what youve been missingso you can FINALLY get the disability rating and compensation you deserve!
Weve supported more than 15,000 veterans to win their claims and increase their ratings. NOW ITS YOUR TURN.
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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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.
Health Problems Caused By Persian Gulf Sand
Veterans who served in the Persian Gulf region have also experienced symptoms caused by continuous exposure to sand. Gulf War vets have reported rashes on the skin, varieties of pneumonia, and infections to wounds.
While there arent VA ratings for these general conditions, the VA would rate the condition based on the diagnostic code that most closely matches the veterans symptoms.
For example, if exposure to sand dust caused eczema or a skin condition similar to eczema, the general rating schedule for skin conditions would be used to assign a rating. The ratings on this schedule range from 0% to 60% based on the amount of skin affected and the frequency of therapy needed to treat the condition.
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What Is The Va Disability Rating For Chronic Fatigue Syndrome
If you follow most Google searches, youll find results talking about 38 CFR §4.88a. Government documents as recent as February of 2019 call those documents outdated terminology to refer to this complex disease. That shows that you want to be sure to work with a disability lawyer that keeps up on the current events and changes with VA disability law! Until the government updates their outdated diagnostic criteria, we work within the system to get chronic fatigue VA benefits for the symptoms that can be diagnosed.
38 CFR §4.88b Puts Chronic Fatigue Syndrome in a category with infectious diseases, immune disorders, and nutritional deficiencies. Its schedule number is 6354. They currently define it as Debilitating fatigue, cognitive impairments , or a combination of other signs and symptoms. The level of these symptoms is what decides the level of your rating.
Does Chronic Fatigue Make You Feel Incapacitated
Sometimes associated with myalgic encephalomyelitis, chronic fatigue symptoms usually show up the day after a lot of exertion or concentration. Beyond aches and pains that come from getting old, ME/CFS is the next level of weakness, pain, and inability to go about your regular daily activities. While you might feel incapacitated, the VA only considers you incapacitated if you require bed rest and treatment from a doctor. If you just cant get out of bed they may not consider you incapacitated. When you fill out your claim for chronic fatigue syndrome VA disability benefits, make sure you document the days you were stuck in bed. Keep a list of the days that you called the doctor if you can, and be prepared to list it all out when you go for your C& P Exam.
Achy joints, exhaustion, and other flu-like symptoms are some of the core symptoms of Chronic Fatigue Syndrome. Veterans with written documentation of the days when the symptoms hit will have a stronger case. Getting disability benefits for chronic fatigue syndrome is harder than getting the diagnosis, so mark down every incapacitated day on your calendar as soon as you can.
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Establishing A Service Connection For Fibromyalgia
The VA defines fibromyalgia as musculoskeletal pain and tender points on both the left and right sides of the body, above and below the waist, and in the torso and the extremities. Because many servicemembers experienced symptoms consistent with fibromyalgia after serving in the Gulf War, the VA now presumes that FM in Gulf War vets is service connected. In practice. This means veterans applying for disability benefits for fibromyalgia do not have to link their condition to an in-service event as long as they:
- Served in the Southwest Asia theater of military operations on the ground or in the airspace
- Experienced fibromyalgia and/or related symptoms during active duty service in that theater prior to December 31, 2016
- Have experienced FM symptoms for six months or longer
- Receive a total disability rating of at least 10 percent
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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Seeking Chronic Pain Syndrome Va Disability Benefits
Obtaining an accurate percent rating can be challenging for chronic pain sufferers. If the VA has denied your claim or awarded a lower rating than you think you deserve, the veterans disability attorneys at Hill & Ponton can help. Our law firm is committed to supporting military veterans and their families. Whether youre seeking an increased rating or want to challenge a denied claim through the court of appeals for veterans claims, our lawyers are available to assess your case and represent you.
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Please Answer A Few Questions To Help Us Determine Your Eligibility
The Social Security Administration is generally skeptical of disability claims based solely on chronic fatigue syndrome . Claims are rarely approved at the initial or reconsideration levels, and even at the hearing level, most Administrative Law Judges are reluctant to pay benefits except in the most compelling cases.
In cases involving chronic fatigue syndrome, Social Security regulations require that objective medical signs and laboratory findings support the existence of the diagnosis. Self-reported symptoms alone are not enough, despite the subjective nature of many symptoms of CFS. In addition to providing objective evidence of your condition, it’s critical that you request an opinion from your treating doctor regarding your work-related limitations.
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Medical Signs Or Laboratory Findings
No specific etiology or pathology has been established for chronic fatigue. Therefore, any possible signs and laboratory findings to establish the existence of a medically determinable impairment are only examples and are not all-inclusive.
The following laboratory findings establish the existence of a medically determinable impairment in individuals with chronic fatigue:
- An elevated antibody titer to Epstein-Barr virus capsid antigen equal to or greater than 1:5120, or early antigen equal to or greater than 1:640
- An abnormal magnetic resonance imaging brain scan
- Neurally mediated hypotension as shown by tilt table testing or another clinically accepted form of testing
Any other laboratory findings that are consistent with medically accepted clinical practice and are consistent with the other evidence in the case record for example, an abnormal exercise stress test or abnormal sleep studies, appropriately evaluated and consistent with the other evidence in the case record.
Individuals with chronic fatigue may also exhibit medical signs, such as anxiety or depression, indicative of the existence of a mental disorder. When such medical signs are present and appropriately documented, the existence of a medically determinable impairment is established.
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Chronic Fatigue Syndrome Va Rating Criteria Explained
The Chronic Fatigue Syndrome VA rating criteria are explained in detail below.
A veterans final VA disability rating for Chronic Fatigue Syndrome depends upon the frequency, severity, and duration of your symptoms, meaning, the more severe your symptoms, the higher the VA rating for Chronic Fatigue Syndrome.
100 Percent Chronic Fatigue Syndrome VA Rating is warranted when a veteran has debilitating fatigue, cognitive impairments , or a combination of other signs and symptoms, which are nearly constant and so severe as to restrict routine daily activities almost completely and which may occasionally preclude self-care.
60 Percent VA Rating for Chronic Fatigue Syndrome is warranted if a veteran has debilitating fatigue, cognitive impairments , or a combination of other signs and symptoms, which are nearly constant and restrict routine daily activities to less than 50 percent of the pre-illness level or which wax and wane, resulting in periods of incapacitation of at least six weeks total duration per year.
40 Chronic Fatigue Syndrome VA Rating is warranted when a veteran has debilitating fatigue, cognitive impairments , or a combination of other signs and symptoms, which are nearly constant and restrict routine daily activities from 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.
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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!
