Question About Cfs

[tdunford]

I just filed for disability compensation and they are in the process of getting my medical records. I know for a fact that I have Chronic Fatigue Syndrome. I was medically, honorably discharged in 1996 and was in the Persian gulf. I was told that I would not quality for VA assistance so haven't persued it until recently. I was approved and put into Priority Group 3 as service-connected. I haven't been given a rating yet as I just filed for disability compensation. I have had chronic fatigue syndrome symptoms since the end of my tour. The last 4 years have been the worse with chronic headaches and joint/muscle pain. I had Kaiser and haven't been able to afford to keep it because I haven't been able to work in over 4 years.

I have 9 of the 10 symptoms of CFS and it is all documented in my medical records which I have right in front of me and will be sending to the regional office in support of my claim. I did not claim disability compensation due to CFS because I only recently heard about it and learned that I have it because I have had all of those symptoms for 15 years. I have been diagnosed as having chronic headaches and joint problems, GERD, concentration/memory issues, throat problems, etc... all of which are documented in my medical records.

My question is: What do I do now? I already filed for disability compensation due to the 4+ years of chronic headaches and also for bipolar which is what I was diagnosed with in the military. Should I get the CFS diagnosis somehow? And, if so, how do I go about getting the diagnosis? Can I simply add on to the disability compensation claim that I just turned in and add CFS to it or should I do something else? I learned that if I was diagnoses with CFS and have been unable to work for 4+ years that I would get a 100% disability rating which I should have in my opinion because it's impossible for me to work. Or, should I file for unemployabiltiy. I just don't know which direction to go and what order to do it in and I need asistance asap. What do you all suggest?

[carlie]

Welcome to hadit.com

[tdunford]

Thank you, Carly, it's a pleasure to be aboard.

One of the major things I need to know about my situation is if it's too late to add Chronic Fatigue Syndrome to the list of medical reasons for file for disability compensation? Or if I have to get diagnosed first or go through some kind of required exam or something? Should I get one of those free lawyers to help me so I don't have to file again and waste a lot of time? I need assistance right away so I really need to know the fastest way for me to get compensation. I have my medical records from the last 4 years that chronicle my chronic headaches and bipolar. I did not have medical insurance until 4 years ago, but I was diagnoses with bipolar in the military and was having fatigue and sleeping problems that they also will see in the records. More than likely the records have been destroyed because it was 1996 when I was discharge. Am I correct in assuming that? I just read about a similar case and she won her claim on appeal and her medical records were also destroyed and they approved her on "presumptive service-connection" see below...

For her part, the Veteran has reported a history of

headaches, and back, neck and wrist pain dating back to

service. She is competent to report experiencing these

symptoms in service, and to also report a continuity of

similar symptomatology since service as symptoms of headaches

and joint pain are all capable of lay observation. Her

testimony in this regard may serve to satisfy the requirement

for a nexus between an in-service event and a current

disability. Barr v. Nicholson, 21 Vet. App. 303 (2007).

The Board is aware that there are no medical records that

show treatment or complaint of the claimed disorders within

the first few years after the Veteran's discharge from

service in 1991. Incurrence of a disorder or disease during

service may be rebutted by absence of medical treatment for,

or related complaints about, the claimed condition for a

prolonged period after service. See Maxson v. West, 12 Vet.

App. 453 (1999), aff'd, 230 F.3d 1330 (Fed. Cir. 2000).

Thus, the absence of treatment for several years after

service weighs against her current testimony of continuity of

symptomatology.

Nonetheless, the VA examiner's opinion can be read as placing

the evidence in equipoise on the question of whether the

current headaches, back, neck, and wrist disorders are

related to service. Destruction of service medical records

creates a heightened duty on the part of VA to consider the

applicability of the benefit of the doubt, to assist the

claimant in developing the claim, and to explain its

decision. Cromer, 19 Vet App 215 (2005); Russo v. Brown, 9

Vet. App. 46, 51 (1996). With these considerations in mind,

and resolving all doubt in favor of the Veteran, entitlement

to service connection for headaches, recurrent lumbosacral

strain, cervical spondylosis, and bilateral wrist tendonitis

is therefore granted. 38 U.S.C.A. § 5107(b).

ORDER

Service connection for a disorder manifested by fatigue, as

an undiagnosed illness, is granted.

Service connection for a disorder manifested by bilateral

knee pain, diagnosed as fibromyalgia, is granted.

Service connection for a headache disorder, variously

diagnosed, is granted.

Service connection for a disorder manifested by back pain,

diagnosed as lumbosacral strain, is granted.

Service connection for a disorder manifested by neck pain,

diagnoses as spondylosis, is granted.

Service connection for a disorder manifested by bilateral

wrist pain, diagnosed as tendonitis, is granted.

______________________________________________

Mark D. Hindin

Veterans Law Judge, Board of Veterans' Appeals

END

...my case is almost exactly like hers, except I have more documented symptoms that were "medically unexplained" that are recorded in my medical records from the last 4 years. How could I get an approval on my claim without having to go through the appeals process like the above had to do? How could I use her case to benefit mine? I personally think I should hire a lawyer from this point on, but am completely open to suggestions and advice so please share your knowledge and experience.

[Guest]

what symptoms do you have? I would suggest that you do all the research you can do on the difference between FM(Fibromyalgia) AND cfs/cfids(chronic Fatigue Syndrome/Chronic Fatigue Immune Dysfunction Syndrome).

[tdunford]

what symptoms do you have? I would suggest that you do all the research you can do on the difference between FM(Fibromyalgia) AND cfs/cfids(chronic Fatigue Syndrome/Chronic Fatigue Immune Dysfunction Syndrome).

Thanks Senior Chief. I have done the research and Chronic Fatigue Syndrome is the one. I was aware that FM was similar, but found that CFS shared most of my symptoms. Symptoms include the following:

Severe painful headaches

Muscle Aches

Fatigue

Joint Pain

Inability to Focus

Cannot Concentrate

Memory Failure

Sleeping Problems

Cannot Work

Bedridden Most of the time

Sore Throat

Minor Fevers

Neck becomes tender

Energy problems

IMO Diagnosis over the last 4 years (only time that I've had medical insurance):

Chronic Daily Headache

Bipolar

Chronic Depression

Pain Medication Management Plan

GERD

Chronic Rhinitis

Skin Cysts (developed during the end of tour and had surgery right after to remove some. Many still exist)

Exophoria (Eyes deviate outwards)

Leg Pain

Sciatica - Nerve Pain

Lower Back Pain

Joint Pain

Muscle Aches

Fatigue

Allergic Rhinosinusitis

Upper Facial Weakness

"ABNL Finding on EKG"

END

I was in the Persian Gulf in 1996. The fatigue and headaches and the GERD are the most dominant symptoms still to date. Can I add Chronic Fatigue Syndrome as another reason for filing for disability compensation even though I filed the "formal" form about two weeks ago? Right now I just received the first letter stating that they are requesting my service medical records and they asked me to sign a release form so they can get my Kaiser records from the last 4 years. I contacted Kaiser and have those records printed that I plan on sending them that proves everything. More than likely my MSR's were destroyed because I was discharged in 1996. Agree on that assumption? How should I proceed senior chief?

[Guest]

You will need a current diagnosis of all your conditions, I would say within the last six months to a year of being treated. Some times the VA C & P(Compensation and Pension) Exams go against the veteran, so having your own medical opinion within that time frame will greatly help your claims. You can also apply for SSDI/SSI(Social Security Disability Insurance/Supplemental Security Income) if you are not working. Make sure you request and get a personal copy of your SMRs and your Kaiser medical records. Also you need to try to get a PCP (Primary Care Provider) at the VAMC (VA Hospital) and try to get some treatment. If I missed something others will chime in.

Edited April 8, 2011 by pete992

[tdunford]

You will need a current diagnosis of all your conditions, I would say within the last six months to a year of being treated. Some times the VA C & P(Compensation and Pension) Exams go against the veteran, so having your own medical opinion within that time frame will greatly help your claims. You can also apply for SSDI/SSI(Social Security Disability Insurance/Supplemental Security Income) if you are not working. Make sure you request and get a personal copy of your SMRs and your Kaiser medical records. Also you need to try to get a PCP (Primary Care Provider) at the VAMC (VA Hospital) and try to get some treatment. If I missed something others will chime in.

Yes, all those diagnoses that I mentioned below were diagnosed by Kaiser doctors over the last 4 years and most of those items are also listed as chronic like the headaches, muscle pain, gerd, and fatigue. So now that I have that sitting right here in my hands, can I just contact the regional office and have them add unexplained chronic illnesses or Chronic Fatigue Syndrome. I need to figure out how to proceed because they are waiting for me to respond to the letter they just sent me and I really need this to go through right away as I really need that "compensation". Thanks for your help.