Back to BVA DecisionsDENIEDService Branch NAVY Special Benefit NO SPECIAL BENEFIT Docket No. 250508-543726
CHRONIC FATIGUE SYNDROME (CFS)
S.C. KREMBS · 2026 · Case ID: A26040113
Summary
The Veteran served in the Navy from June 1999 to June 2005. This case comes before the Board of Veterans' Appeals (Board) on appeal from a March 2025 rating decision concerning claims for an increased rating for Chronic Fatigue Syndrome (CFS) and chronic dermatitis. The Veteran sought an increased rating for CFS, currently rated at 60 percent, arguing for a higher rating. However, the Board found that the Veteran's CFS symptoms, while nearly constant, did not meet the criteria for a 100 percent rating, as they restricted daily activities to less than 50 percent of the pre-illness level, consistent with the 60 percent rating. An October 2024 VA examination supported this finding, and the Board found this opinion credible and competent, with no contrary evidence. For chronic dermatitis, the Veteran sought an initial compensable rating (0 percent). The Board denied this claim, as the October 2024 VA examination found lesions affecting less than 5 percent of the body and 0 percent of exposed areas, treated only topically. The Board found this opinion credible and competent, with no contrary evidence, meaning the criteria for even a 10 percent rating were not met. Consequently, the Board denied an increased rating for CFS and an initial compensable rating for chronic dermatitis.
Rationale
October 2024 VA examination noted CFS symptoms restricted daily activities to less than 50 percent of pre-illness level.; Examiner's findings are credible and competent.; No significant evidence to the contrary was submitted by the Veteran.
Full Decision Text
Citation Nr: A26040113 Decision Date: 04/29/26 Archive Date: 04/29/26 DOCKET NO. 250508-543726 DATE: April 29, 2026 ORDER An initial rating higher than 60 percent for chronic fatigue syndrome (CFS) is DENIED. An increased rating higher than 0 percent (an initial compensable rating) for chronic dermatitis is DENIED. FINDING OF FACT 1. The Veteran's CFS has been manifested by no more than symptoms 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. 2. The Veteran's chronic dermatitis has required no more than topical therapy over the past 12-month period, with characteristic lesions involving less than 5 percent of the entire body affected and 0 percent of exposed areas affected. CONCLUSION OF LAW 1. The criteria for an initial rating higher than 60 percent for chronic fatigue syndrome (CFS) are not met. 38 U.S.C. §§ 1155, 5107; 38 C.F.R. § 4.88b, Diagnostic Code 6354. 2. The criteria for an increased rating higher than 0 percent (an initial compensable rating) for chronic dermatitis are not met. 38 U.S.C. §§ 1155, 5107; 38 C.F.R. § 4.118, Diagnostic Code 7806. REASONS AND BASES FOR FINDING AND CONCLUSION Introduction The Veteran served on active duty in the Navy from June 1999 to June 2005. This case is before the Board of Veterans' Appeals (Board) on appeal from a March 2025 rating decision by the Department of Veterans Affairs (VA) Regional Office (RO). The Veteran submitted his VA Form 10182, Notice of Disagreement, in May 2025 and selected the Board's evidence docket, affording him 90 days from the date of the Notice of Disagreement to submit additional evidence in support of his appeal. In adjudicating this appeal, the Board may consider evidence associated with the record on or before March 28, 2025, the date of the decision on appeal, and any evidence submitted by the Veteran within 90 days of May 8, 2025, the date of receipt of the appellant's Notice of Disagreement. If the Veteran submitted evidence that was added to the record after the decision on appeal and before the Notice of Disagreement, or more than 90 days following the Notice of Disagreement, the Board did not consider it. If the Veteran wishes to have VA consider any evidence that was not considered, a supplemental claim should be submitted identifying such evidence. See 38 C.F.R. § 3.2501. Chronic Fatigue Syndrome (CFS) The Veteran is seeking an increased rating for CFS, currently rated as 60 percent disabling under diagnostic code (DC) 6354. Under this code, a rating of 100 percent, the next highest rating available, requires CFS with 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. Here, the evidence indicates that the Veteran's CFS does not meet these criteria. Specifically, an October 2024 VAX noted CFS with nearly constant symptoms, but which were not so severe as to restrict routine daily activities almost completely. Rather, the examiner noted that symptoms restricted routine daily activities to less than 50 percent of the pre-illness level, a finding reflective of the criteria for a 60 percent rating. The findings of the October 2024 VA examination are credible and competent, and the Board affords them significant probative weight. Moreover, there is no significant evidence to the contrary. The Veteran has neither reported that his symptoms are so severe as to restrict routine daily activities almost completely nor submitted any evidence to this effect. Therefore, the Board finds that the Veteran's CFS has been manifested in no more than symptoms 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. Accordingly, an increased rating higher than 60 percent is not warranted. Chronic Dermatitis The Veteran is also seeking an increased rating for chronic dermatitis, currently rated as noncompensably disabling under the General Rating Formula for the Skin for DCs 7806, 780 The Veteran has neither reported that his symptoms are so severe as to restrict routine daily activities almost completely nor submitted any evidence to this effect. Therefore, the Board finds that the Veteran's CFS has been manifested in no more than symptoms 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. Accordingly, an increased rating higher than 60 percent is not warranted. Chronic Dermatitis The Veteran is also seeking an increased rating for chronic dermatitis, currently rated as noncompensably disabling under the General Rating Formula for the Skin for DCs 7806, 7809, 7813-7816, 7820-7822, and 7824. Under the General Rating Formula, a rating of 10 percent for a skin disability, the lowest compensable rating, requires at least one of the following: - Characteristic lesions involving at least 5% but less than 20% of the entire body affected; or - At least 5% but less than 20% of exposed areas affected; or - Intermittent systemic therapy including, but not limited to, corticosteroids, phototherapy, retinoids, biologics, photochemotherapy, PUVA, or other immunosuppressive drugs required for a total duration of less than 6 weeks over the past 12-month period 38 C.F.R. § 4.118. Here, the evidence indicates that the Veteran's chronic dermatitis does not meet these criteria. Specifically, an October 2024 VA examination noted characteristic lesions involving less than 5 percent of the entire body affected and 0 percent of exposed areas affected, treated exclusively topically, without any systemic therapy. The opinion of the October 2024 examiner is competent and credible, and the Board affords it significant probative weight. Moreover, there is no probative evidence to the contrary. The Veteran has neither reported more pervasive characteristic lesions or systemic therapy nor submitted any evidence to this effect. Therefore, the Board finds that the Veteran's chronic dermatitis has required no more than topical therapy over the past 12-month period, with characteristic lesions involving less than 5 percent of the entire body affected and 0 percent of exposed areas affected. Accordingly, an increased rating higher than 0 percent (an initial compensable rating) is not warranted. S.C. Krembs Veterans Law Judge Board of Veterans' Appeals Attorney for the Board Philip Timmerman 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.