We are pleased to announce a significant victory for our client at the Court of Appeals for Veterans Claims. The Court agreed that the Board of Veterans’ Appeals erred in denying service connection for his Chronic Fatigue Syndrome (CFS). The Board failed to provide adequate reasons for dismissing the favorable medical opinion from his private physician.

Background

The veteran honorably served in the U.S. Army from October 1986 to December 1994, including deployment during Operation Desert Storm. Throughout his service and afterward, he experienced symptoms like chronic fatigue, sleep disturbances, and memory issues. Despite these ongoing symptoms, the Department of Veterans Affairs (VA) attributed his fatigue to other conditions like PTSD and sleep apnea.

Private Medical Evidence Ignored

In April 2019, and again in October 2021, a private physician, diagnosed the veteran with CFS. She based her diagnosis on his persistent symptoms and ruled out other clinical conditions that might cause similar issues. She documented symptoms such as profound fatigue, non-restorative sleep, memory fog, and muscle aches.

Board’s Error

The Board denied his claim, stating that he did not have a current diagnosis of CFS. They gave “little to no probative value” to the doctor’s diagnosis, arguing that she did not properly exclude other conditions that produce similar symptoms. However, the Court found that the Board improperly dismissed the private medical opinion without adequate explanation.

Court’s Decision

The Court agreed with us that the Board failed to provide sufficient reasons for rejecting the favorable medical evidence. By not adequately addressing this medical opinion, the Board did not fulfill its duty to fully assess all relevant evidence. The Court vacated the Board’s decision and remanded the case for readjudication.

What This Means for Veterans

This victory underscores the importance of the VA thoroughly considering private medical evidence. Veterans are entitled to have all favorable evidence properly evaluated when determining service connection for their disabilities.

We Are Here to Help

If you or a loved one are facing challenges with a VA disability claim, especially involving conditions like Chronic Fatigue Syndrome, our experienced team is ready to assist. We are committed to ensuring that veterans receive the benefits they have rightfully earned.