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| Home >> VA Claims Resources >> VA Claims >> VA General Counsel Precedent Opinions |
VA General Counsel Precedent Opinions |
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PREC 08-98 Compensation for Undiagnosed Illness Under 38 U.S.C. § 1117 and 38 C.F.R. § 3.317
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PREC 08-98 Compensation for Undiagnosed Illness Under 38 U.S.C. § 1117 and 38 C.F.R. § 3.317 Citation: Vet. Aff. Op. Gen. Couns. Prec. 8-98, VAOPGCPREC 8-98, 1998 QUESTIONS PRESENTED: a. Does 38 C.F.R. § 3.317 preclude compensation for an illness manifested by symptoms that could, in some circumstances, be attributable to a known clinical diagnosis, even if no such diagnosis has been made with respect to the individual seeking compensation? b. May the Department of Veterans Affairs (VA) pay compensation under 38 U.S.C. § 1117 for disability manifested by symptoms that either elude diagnosis or are attributed to a poorly-defined disease such as chronic fatigue syndrome or fibromyalgia?
HELD: a. Compensation may be paid under 38 C.F.R. § 3.317 for disability which cannot, based on the facts of the particular veteran’s case, be attributed to any known clinical diagnosis. The fact that the signs or symptoms exhibited by the veteran could conceivably be attributed to a known clinical diagnosis under other circumstances not presented in the particular veteran’s case does not preclude compensation under section 3.317. b. Section 1117(a) of title 38, United States Code, authorizes service connection on a presumptive basis only for disability arising in Persian Gulf veterans due to “undiagnosed illness” and may not be construed to authorize presumptive service connection for any diagnosed illness, regardless of whether the diagnosis may be characterized as poorly defined.
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