Citation Nr: 21008870
Decision Date: 02/18/21	Archive Date: 02/18/21

DOCKET NO. 09-48 053
DATE: February 18, 2021

ORDER

Service connection for chronic fatigue syndrome (CFS) is granted.

FINDING OF FACT

The Veteran has a current diagnosis of CFS as per a September 2020 VA CFS examination; during his August 2019 hearing, the Veteran provided competent and credible testimony (corroborated by his spouse’s August 2019 statement) that the Veteran’s observable symptoms began during his active duty service (first noticed upon return from deployment) and have persisted until the present day, namely the Veteran was previously mentally and physically active but since then he becomes debilitatingly fatigued from mental and physical exertion, the fatigue lasts for 24 to 36 hours, and he has constant and perpetual exhaustion. [Among other conditions, the evidence shows the Veteran has a diagnosis of sleep apnea and symptoms of sleep impairment associated with his psychological condition, but both the March 2020 and September 2020 VA CFS examiners found that other clinical conditions that may produce similar symptoms as CFS had been excluded by history, physical examination and laboratory tests to the extent possible. The September 2020 examination, conducted after the Veteran became service connected for sleep apnea, noted, “[t]he [V]eteran has these chronic and persistent findings which are 10/10 elements in support of Chronic Fatigue Syndrome.” However, both the examiners’ negative causal linkage opinions did not provide an adequate rationale taking into account the Veteran’s above credible lay evidence.] 

CONCLUSION OF LAW

Service connection for CFS is warranted. 38 U.S.C. §§ 1110, 1131, 5107; 38 C.F.R. §§ 3.102, 3.303, 3.304.

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran served on active duty from June 1993 to October 2000. These matters are before the Board of Veterans’ Appeals (Board) on appeal from a January 2009 Rating Decision by the Houston, Texas VA Regional Office. Later in January 2009, the Veteran timely initiated his appeal with an informal Notice of Disagreement and timely perfected his appeal with a November 2009 VA Form 9. 

In August 2019, a hearing was held before the undersigned Veterans Law Judge and a copy of the transcript has been added to the claims file. In September 2019, this matter was remanded for further development.

For the reasons explained above, the appeal is granted.

 

 

VICTORIA MOSHIASHWILI

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	Arritt, David

The Board’s decision in this case is binding only with respect to the instant matter decided. This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.