Pyramiding

[mrb]

Can you file for Fibromyalgia and chronic Pain Syndrome without it being considered pyramiding.

[EricHughes]

Can you file for Fibromyalgia and chronic Pain Syndrome without it being considered pyramiding.

You can file for anything. But I'd call it pyramiding. So odds are the VA will as well. Also, consider the risk that they will lower you rating if you file.

[carlie]

Can you file for Fibromyalgia and chronic Pain Syndrome without it being considered pyramiding.

mrb,

Since your profile shows currently no SC or Sc at zero percent, you can file for

whatever condition without having any worry about VBA lowering your rating at this time.

Fibro is a curious disease for both VBA ans SSA purposes - but at least VBA is a bit better

in the ratings they apply to it than SSA is.

Unfortunately with SC for Fibro. - chronic pain is already considered in even a 10% evaluation.

Some might bring up - well, how about a secondary claim issue for depression due to the Fibro

and it's chronic pain - again, unfortunately - the depression is already factored into a percentage evaluation for fibro.

JMHO

Here's a BVA decision for research.

http://www.va.gov/vetapp10/Files6/1043110.txt

Fibromyalgia (fibrositis, primary fibromyalgia syndrome) with widespread musculoskeletal pain and tender points, with or without associated fatigue, sleep disturbance, stiffness, paresthesias, headache, irritable bowel symptoms, depression, anxiety, or Raynaud's-like symptoms: provides a 10 percent rating for symptoms that require continuous medication for control, a 20 percent rating for symptoms that are episodic, with exacerbations often precipitated by environmental or emotional stress or by overexertion, but that are present more than one-third of the time, and a 40 percent rating for symptoms that are constant, or nearly so, and refractory to therapy. 38 C.F.R. § 4.71a, Diagnostic Code 5025.The current 40 percent rating is the maximum evaluation allowed pursuant to 38 C.F.R. § 4.71a, Diagnostic Code 5025 for fibromyalgia. As the Veteran is already receiving the highest evaluation for this disability, a schedular increase is not warranted. In addition, as the 40 percent rating has been assigned effective the day following the Veteran's service discharge in March 2001, staged ratings for this disability are not warranted. Fenderson v. West, 12 Vet. App. 119 (1999).

http://ecfr.gpoaccess.gov/cgi/t/text/text-idx?c=ecfr&sid=c39076327629b526928d0ff40bfc27c5&rgn=div8&view=text&node=38:1.0.1.1.5.2.98.26&idno=38

5025 Fibromyalgia (fibrositis, primary fibromyalgia syndrome)

With widespread musculoskeletal pain and tender points, with or without associated fatigue, sleep disturbance, stiffness, paresthesias, headache, irritable bowel symptoms, depression, anxiety, or Raynaud's-like symptoms:

That are constant, or nearly so, and refractory to therapy40

That are episodic, with exacerbations often precipitated by environmental or emotional stress or by overexertion, but that are present more than one-third of the time20

That require continuous medication for control10

Note: Widespread pain means pain in both the left and right sides of the body, that is both above and below the waist, and that affects both the axial skeleton ( i.e. , cervical spine, anterior chest, thoracic spine, or low back) and the extremities.

[Gulfvet45]

I do not know how many claim you have worked on; you can claim depression when you have a fibro claim. Your claim for depression will be as a secondary to the fibro. I have done these claim for gulf war veterans. They VA use to rate the IBS in with the Fibro, but there was a case that a veteran won that said you can not do that any more. The ruling stated that they are two different disorders and have to have their own ratings. The same for the headaches and depression and as you can see they are listed in the fibro.

mrb,

Since your profile shows currently no SC or Sc at zero percent, you can file for

whatever condition without having any worry about VBA lowering your rating at this time.

Fibro is a curious disease for both VBA ans SSA purposes - but at least VBA is a bit better

in the ratings they apply to it than SSA is.

Unfortunately with SC for Fibro. - chronic pain is already considered in even a 10% evaluation.

Some might bring up - well, how about a secondary claim issue for depression due to the Fibro

and it's chronic pain - again, unfortunately - the depression is already factored into a percentage evaluation for fibro.

JMHO

Here's a BVA decision for research.

http://www.va.gov/ve...es6/1043110.txt

Fibromyalgia (fibrositis, primary fibromyalgia syndrome) with widespread musculoskeletal pain and tender points, with or without associated fatigue, sleep disturbance, stiffness, paresthesias, headache, irritable bowel symptoms, depression, anxiety, or Raynaud's-like symptoms: provides a 10 percent rating for symptoms that require continuous medication for control, a 20 percent rating for symptoms that are episodic, with exacerbations often precipitated by environmental or emotional stress or by overexertion, but that are present more than one-third of the time, and a 40 percent rating for symptoms that are constant, or nearly so, and refractory to therapy. 38 C.F.R. § 4.71a, Diagnostic Code 5025.The current 40 percent rating is the maximum evaluation allowed pursuant to 38 C.F.R. § 4.71a, Diagnostic Code 5025 for fibromyalgia. As the Veteran is already receiving the highest evaluation for this disability, a schedular increase is not warranted. In addition, as the 40 percent rating has been assigned effective the day following the Veteran's service discharge in March 2001, staged ratings for this disability are not warranted. Fenderson v. West, 12 Vet. App. 119 (1999).

http://ecfr.gpoacces...2.98.26&idno=38

5025 Fibromyalgia (fibrositis, primary fibromyalgia syndrome)

With widespread musculoskeletal pain and tender points, with or without associated fatigue, sleep disturbance, stiffness, paresthesias, headache, irritable bowel symptoms, depression, anxiety, or Raynaud's-like symptoms:

That are constant, or nearly so, and refractory to therapy40

That are episodic, with exacerbations often precipitated by environmental or emotional stress or by overexertion, but that are present more than one-third of the time20

That require continuous medication for control10

Note: Widespread pain means pain in both the left and right sides of the body, that is both above and below the waist, and that affects both the axial skeleton ( i.e. , cervical spine, anterior chest, thoracic spine, or low back) and the extremities.

Edited November 8, 2011 by Gulfvet45

[sawgunner]

Why would the A take my claim for "shronic pain disorder" and turn it into a claim for Fibro??? Is that so they can pay my a lower percentage?

I have 2 letters from 2 different shrinks stating that I have "pain disorder/chronic pain syndrome" with accopmaning depression, sleeplessness, etc.....

When I called the 800 number they told me that my claim was for Fibro.

No doctor has ever stated that I have fibro.

[Gulfvet45]

I know in the Gulf War veterans they will that the symptoms and match them to an illness that is close as per the guide lines to give a rating. It may be what they are doing with you.

Why would the A take my claim for "shronic pain disorder" and turn it into a claim for Fibro??? Is that so they can pay my a lower percentage?

I have 2 letters from 2 different shrinks stating that I have "pain disorder/chronic pain syndrome" with accopmaning depression, sleeplessness, etc.....

When I called the 800 number they told me that my claim was for Fibro.

No doctor has ever stated that I have fibro.