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  • 14 Questions about VA Disability Compensation Benefits Claims

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    When a Veteran starts considering whether or not to file a VA Disability Claim, there are a lot of questions that he or she tends to ask. Over the last 10 years, the following are the 14 most common basic questions I am asked about ...
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  • Most Common VA Disabilities Claimed for Compensation:   

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  • Can a 100 percent Disabled Veteran Work and Earn an Income?

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    You’ve just been rated 100% disabled by the Veterans Affairs. After the excitement of finally having the rating you deserve wears off, you start asking questions. One of the first questions that you might ask is this: It’s a legitimate question – rare is the Veteran that finds themselves sitting on the couch eating bon-bons … Continue reading

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Herb

Fibromyalgia how to claim and show it is service related based on sx.

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Hey, I'm service connected for IBS, chronic migraines, anxiety, reynaud's syndrome, and lumbosacral and cervical strain. Upon coming home from Afghanistan and while in country was treated for insomnia and many of my symptoms above progressed in the first year after returning in 2011. I was treated and diagnosed while still on AD. My rheumatologist  an AD Col diagnosed me with fibromyalgia end of 2016. I filed a VA claim and told my fibromyalgia was not service related. Is it worth appealing and if granted could the VA take away my other conditions saying they are just part of my fibromyalgia diagnose? My rheumatologist wrote a letter stating he felt my fibromyalgia was service related. Any guidance on how to proceed or do nothing? Any help would be most appreciated. Regards Herb

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The fibromyalgia rating should be separate from the secondary conditions of IBS, migraines, anxiety, Raynaud's, and your back problems.  

Since you already have separate ratings for the above conditions, it's pretty straight forward to me.

That said, make sure you submit the following information from the federal register blotter to the VA, otherwise they may decide to pack everything into the fibromyalgia rating, as you fear.  

From the federal register when the fibromyalgia rating was implemented (also see link below):

As the evaluation criteria indicate, there may be multi-system complaints in fibromyalgia. If signs and symptoms due to fibromyalgia are present that are not sufficient to warrant the diagnosis of a separate condition, they are evaluated together with the musculoskeletal pain and tender points under the criteria in diagnostic code 5025 to determine the overall evaluation. The maximum schedular evaluation for fibromyalgia in such cases is 40 percent. If, however, a separate disability is diagnosed, e.g., dysthymic disorder, that is determined to be secondary to fibromyalgia, the secondary condition can be separately evaluated (see 38 CFR 3.310(a)), as long as the same signs and symptoms are not used to evaluate both the primary and the secondary condition (see 38 CFR 4.14 (Avoidance of pyramiding)). In such cases, fibromyalgia and its complications may warrant a combined evaluation greater than 40 percent. Since these rules are for general application, they need not be specifically referred to under diagnostic code 5025.

http://www.myalgia.com/Disability/vah_disability.htm

 

Additional information:

https://www.tapatalk.com/groups/vets/fibromyalgia-this-his-a-good-write-up-i-took-this--t81499.html

 

 

 

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