Learning how to become service connected of your disability

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Learning how to become service connected of your disability

  1. 1. Learning how to become service connected of your disabilityrelated to service, and service connection for fibromyalgiais granted. 38 C.F.R. §§ 3.6, 3.303.CFS/EBVA review of the record is silent regarding complainsconsistent with CFS or EBV or diagnoses thereof until 2002.In March 2005, the veteran was afforded a VA general medicalexamination in which fibromyalgia was diagnosed. Fatigue,along with other symptoms were said to be secondary to theveterans fibromyalgia. A separate diagnosis of CFS or EBVwas not assessed. Thus, whether the veteran suffers fromCFS/EBV as a condition separate and apart from hisfibromyalgia is uncertain. The evidence in this regard isequivocal in light of the diagnoses of CFS and EBV beginningin 2002. The record contains no evidence to refute theseparate diagnosis of CFS/EBV, and the Board, moreover, findsno reason to doubt that the veteran suffers from CFS/EBV.Thus, when viewing the evidence in the light most favorableto the veteran, the Board determines that the evidence is atleast in relative equipoise as to whether he suffers fromCFS/EBV as a condition separate and apart from thefibromyalgia. Thus, the Board concludes that the veteransuffers from CFS/EBV. 38 U.S.C.A. § 5107; 38 C.F.R. § 3.102;Gilpin, supra.The record also reflects that CFS/EBV were diagnosed during aperiod of ACDUTRA. Because there is no indication thatCFS/EBV occurred other than in the line of duty and becauseit had its onset during a period of ACDURA, the Boardconcludes that it is related to service, and serviceconnection for CFS/EBV is granted. 38 C.F.R. §§ 3.6, 3.303.Obstructive sleep apneaAs a result of sleep apnea and failed treatment by CPAP, theveteran underwent a tonsillectomy and the removal of theuvula and excision of excessive tissue from the posteriorpharyngeal pillars. That surgical procedure, according tothe subsequent evidence of record to include a March 2005 VA
  2. 2. general medical examination report, resolved the disorder.The veteran no longer suffers from obstructive sleep apnea.A prerequisite for the granting of service connection is thepresence of a current disability. See Gilpin, supra;Degmetich, supra. Because the veteran does not suffer fromthe disability which he claims, service connection forobstructive sleep apnea cannot be granted. Id.; 38 C.F.R.§ 3.303.Bilateral hearing lossIn March 1990, when enlisting in the Army National Guard, theveterans hearing was as follows:HERTZ5001000200030004000RIGHT2010101535LEFT201054035There is no data regarding speech recognition testing, yet itappears that there was no right ear hearing loss within themeaning of VA law and regulations. 38 C.F.R. § 3.385.
  3. 3. April 2000 hearing test results were as follows:HERTZ5001000200030004000RIGHT1010152030LEFT2525155045There is no data regarding speech recognition testing, yet itappears that there was no right ear hearing loss within themeaning of VA law and regulations. Id.In June 2001 hearing was as follows:HERTZ5001000
  4. 4. 200030004000RIGHT1510202535LEFT2025VA Disability

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