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Before You File A Claim For Chronic Fatigue Syndrome

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pacmanx1

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pacmanx1 Grand Master

pacmanx1

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chronic-fatigue-syndrome.png

38CFR4.88a Chronic Fatigue Syndrome

 

6354 Chronic fatigue syndrome (CFS):

Debilitating fatigue, cognitive impairments (such as inability to concentrate, forgetfulness, or confusion), or a combination of other signs and symptoms:

Which are nearly constant and so severe as to restrict routine daily activities almost completely and which may occasionally preclude self-care 100%

Which are nearly constant and restrict routine daily activities to less than 50 percent of the pre-illness level; or which wax and wane, resulting in periods of incapacitation of at least six weeks total duration per year 60%

Which are nearly constant and restrict routine daily activities from 50 to 75 percent of the pre-illness level; or which wax and wane, resulting in periods of incapacitation of at least four but less than six weeks total duration per year 40%

Which are nearly constant and restrict routine daily activities by less than 25 percent of the pre-illness level; or which wax and wane, resulting in periods of incapacitation of at least two but less than four weeks total duration per year 20%

Which wax and wane but result in periods of incapacitation of at least one but less than two weeks total duration per year; or symptoms controlled by continuous medication 10%

Note: For the purpose of evaluating this disability, incapacitation exists only when a licensed physician prescribes bed rest and treatment.

[61 FR 39875, July 31, 1996, as amended at 84 FR 28230, June 18, 2019]

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gegalloway Newbie

gegalloway

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I served in Operation Provide Comfort I/II and I also deployed to Baghdad Iraq for 15 months during OIF I.

And I was denied a claim for Chronic Fatigue Syndrome for some reason unknown to me due to Burn Pit Exposure.  How can I get the decision reversed? 

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gegalloway Newbie

gegalloway

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I served in Operation Provide Comfort I/II and I also deployed to Baghdad Iraq for 15 months during OIF I.

And I was denied a claim for Chronic Fatigue Syndrome for some reason unknown to me due to Burn Pit Exposure.  How can I get the decision reversed? 

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GBArmy Grand Master

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Gegalloway You are tagging onto an old string from 2011. Repost on a new post so it isn't confusing.

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halos2 Veteran

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Thanks. Might want to check on Fibromyalgia, also as SOME symptoms are similar too.(much pain with fibro though)

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vetwife Enthusiast

vetwife

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The way I read it - the lower ratings do require bed rest be prescribed by physician , but The 100% does not say it has incapacitating episodes - so therefor it doesn't require bed-rest to be prescribed.

"Which are nearly constant and so severe as to restrict routine daily activities almost completely and which may occasionally preclude self-care 100%"

The note only applies to determine "incapacitating episodes" which are not mention as a requirement for 100%.

Does anyone else read it this way?

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The way I read it - the lower ratings do require bed rest be prescribed by physician , but The 100% does not say it has incapacitating episodes - so therefor it doesn't require bed-rest to be prescribed.

"Which are nearly constant and so severe as to restrict routine daily activities almost completely and which may occasionally preclude self-care 100%"

The note only applies to determine "incapacitating episodes" which are not mention as a requirement for 100%.

Does anyone else read it this way?

I believe you can read it that way but I do not believe that a doctor would say that a veteran's CFS is "so severe as to restrict routine daily activities almost completely and which may occasionally preclude self-care". I think this statement is basically saying that the veteran's condition would have to be at the point of needing some type of daily assistance.

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