Va Claim Secondary To Fibromyalgia
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This is because the widespread joint pain caused by fibromyalgia is a nervous disorder and the symptoms used to rate fibromyalgia include stiffness but not necessarily loss of range of motion in the knee.
Va claim secondary to fibromyalgia. This includes but is not limited to disability diagnoses for which symptoms are included in the evaluation criteria under 38 CFR 471a DC 5025 such as. Often there is unexplained widespread pain throughout the body that can last for long periods of time. To maximize the compensation for fibromyalgia awarded by the VA you may want to list fibromyalgia as a secondary service-connected disability to any related disabilities. Gulf War veterans who develop fibromyalgia do not have to prove a connection between their illness and service to be eligible to receive this compensation.
VA Claims for chronic fatigue and fibromyalgia are increasingly common claims among Veterans of the Persian Gulf era. Gulf War-era veterans who served in the Southwest Asia Theater can get a presumptive disability rating for fibromyalgia if they have suffered from fibromyalgia symptoms for six months or more. Fibromyalgia is a presumptive illness for Gulf War Veterans. The Gulf War and Fibromyalgia.
Rather the VA will presume that unexplained symptoms are related to Gulf War service if a veteran has experienced them for six months or more. For example VA disability for chronic pain caused by fibromyalgia would not preclude VA disability for runners knee. In recent years I have seen an increase in the number of Veterans filing VA claims for chronic fatigue and fibromyalgia. The criteria for evaluation of fibromyalgia under 38 CFR 471a DC 5025 does not exclude assignment of separate evaluations when disabilities are diagnosed secondary to fibromyalgia.
Remember that as per the final rule on Fibromyalgia the veteran is allowed file for and be granted the issues that has a nexus as a secondary. VA Claims for Chronic Fatigue Fibromyalgia. Veterans can receive a VA disability rating for fibromyalgia under certain circumstances without having to prove a service connection. Fibromyalgia VA Ratings and Gulf War Vets.
Gulf War Veterans who develop fibromyalgia do not have to prove a connection between their illnesses and service to be eligible to receive VA disability compensation. Under the VAs regulation for qualifying disabilities for Persian Gulf War veterans fibromyalgia is a medically unexplained chronic multisymptom illness that is defined by a cluster of signs or symptoms The VA may grant service connection for a Persian Gulf War veterans fibromyalgia. Service Connection for Dysthymic Disorder In an August 2010 rating decision the RO denied service connection for dysthymic disorder as secondary to fibromyalgia. Learn the VA Rating Scale for Service-Related Fibromyalgia Fibromyalgia is a chronic condition thats characterized by tenderness and pain in the muscles tendons and other soft tissue.
Anne Linscott Attorney Updated. If you are a veteran who served in the Southwest Asia theater of operations and have been diagnosed with fibromyalgia our office may be able to assist you with your VA claim. To Claim a Secondary Condition To be able to successfully claim a secondary condition you must prove that 1 the original condition was service-connected and 2 the secondary condition was definitely caused by the original. In a statement received by VA in June 2011 via VA Form 9 the Veteran indicated that she disagreed with the decision to deny the claim of service connection for dysthymic disorder.
For example as noted above many disability claims include fibromyalgia secondary to PTSD fibromyalgia secondary to chronic fatigue syndrome or fibromyalgia secondary to IBS. Fibromyalgia must have emerged during active duty in the Southwest Asia theater of military operations or by December 31 2021 and be at least 10 percent disabling.