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C&p Examiners Notes For Cfs Increase

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Trigga

Question

Hey folks, I am currently rated 10% for CFS and filed for an increase a while back. I had a C&P exam a couple weeks ago and I just received the C&P examiners notes from release of information. Based on the examiners 3 comments below, does anyone have an educated guess as to what my new rating might be?

I have posted the rating criteria below, and I keep coming up with a 60% rating. Notice that the examiner states "to less than 25%" and not "by less than 25%"- makes a huge difference!

Thanks in advance for any comments you may provide,

Trigga.................

Examiners notes:

* " The veteran complains of decrease in activity of greater than 75% due to chronic fatigue syndrome."

* " The veterans symptoms restrict his routine daily activities to less than 25% of his pre-illness level."

* " The veteran experiences debilitating fatigue that is severe enough to reduce or impair his average daily activity to 25% of his pre-illness level."

Rating Criteria:

6354 Chronic Fatigue Syndrome (CFS): Debilitating fatigue, cognitive impairments (such as inability to concentrate, forgetfulness, confusion), 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...................100

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.............................................. 60

Which are 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......................... 40

Which are nearly constant and restrict routine daily activities by less than 25 percent of the pre-illness level, or; which wax and wane, resulting in periods of incapacitation of at least two but less than four weeks total duration per year.........................20

Which wax and wane but result in periods of incapacitation of at least one but less than two weeks total duration per year, or; symptoms controlled by continuous medication................................. 10

Note: For the purpose of evaluating this disability, the condition will be considered incapacitating only while it requires bed rest and treatment by a physician.

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I am by no means no expert in CFS, But it looks like they will be a 60 percent rating soon. I dont think 100 percent because it has to severly effect your daily activities.

You can ask for Individual unemployability and You should do the form ASAP. I have attached a link top the form. [url=http://www.vba.va.gov/pubs/forms/21-8940.pdf

Good luck and keep us posted on the results.

Edited by jstacy
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Jstacy, thanks for the input. I keep coming up with the 60% too. This would bring my total combined rating up to 90% from 70%. I am already eligible for TDIU, and I am sure that that day will come someday, but I love my job and I intend to keep working as long as I am able.

Thanks,

Trigga...

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Trigga,

I am glad to see someone get a decent report form the C&P examiner. The last C&P I had the woman tried to screw me. VA proposed reducing my 50% to 30% I asked for a personal hearing at the RO. I was able to send in more med evidence and my VSO was able to get the RO to keep me at 50% without going for the hearing. Also your's reads 60% to me also. Was it a long battle to get to this point in your claim? I have a claim in now for a couple secondary conditions and an increase for one. In North Carolina the avg wait time for a claim is about 7-8 months. I am happy for you. Dale Jr 8

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Was it a long battle to get to this point in your claim? I have a claim in now for a couple secondary conditions and an increase for one. In North Carolina the avg wait time for a claim is about 7-8 months. I am happy for you. Dale Jr 8

My initial CFS claim was pretty much a slam dunk, as I am a Gulf War Vet and CFS is a presumptive illness for us. I filed for an increase in May '06 and had the C&P in Nov '06, pretty quick by VA standards. Most of my other claims over the past 16 years have taken about 1 to 1 1/2 years on average to get settled. 7-8 months (although too damn long!) is actually a pretty good turn around time for the VA. Most folks wait much longer for a decision.

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Irritable bowel is included in 1 of the symptoms of CFS , but both are seperate presumtive conditions -

If you have both, does the VA rate for both seperatly?

Or if you have both, does the VA lump IB in with the rating for CFS?

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I have never seen IBS listed as a symptom of CFS (at least not in any VA regs.) It is listed as one of the symptoms of Fibromyalgia though. If I were you, I would get your doc to write a statement that shows the CFS and IBS as two completely separate conditions and file a claim for both. I know quite a few GW vets who are rated for both conditions seperately. This is also true with Fibromyalgia and CFS. I am rated for both of these conditions seperately. Don't let them try to lump everything together, as you will end up getting screwed.

Trigga......

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