Case A26040370

Summary

The Veteran served on active duty from August 2002 to December 2002. The Veteran appealed a rating decision denying service connection for chronic fatigue syndrome, claiming it as secondary to adjustment disorder with mixed anxiety and depressed mood. The Board acknowledged a prior favorable finding of chronic fatigue syndrome from a December 2022 VA examination. However, the Board found clear and unmistakable evidence to rebut this finding. The December 2022 VA examiner's opinion was diminished due to considering Gulf War TERA exposure when the Veteran had no such service. A subsequent January 2024 VA examination found no current diagnosis of chronic fatigue syndrome. An April 2025 VA examination further reconciled the evidence, opining the Veteran does not meet the criteria for chronic fatigue syndrome, instead noting a history of hypoglycemia and iron deficiency anemia which can cause fatigue. The Board concluded that the Veteran does not have a current diagnosis of chronic fatigue syndrome, which is a prerequisite for service connection. Therefore, service connection for chronic fatigue syndrome was denied.

Rationale

No current diagnosis of chronic fatigue syndrome found.; Contradictory VA examinations regarding diagnosis.; Prior favorable finding rebutted by clear and unmistakable evidence.

Full Decision Text

Citation Nr: A26040370
Decision Date: 04/29/26	Archive Date: 04/29/26

DOCKET NO. 260114-624263
DATE: April 29, 2026

ORDER

Entitlement to service connection for chronic fatigue syndrome is denied.

FINDING OF FACT

The evidence of record clearly and unmistakably shows the Veteran does not have a current diagnosis of chronic fatigue syndrome.

CONCLUSION OF LAW

The criteria for service connection for chronic fatigue syndrome are not met. 38 U.S.C. §§ 1110, 1131, 5107; 38 C.F.R. §§ 3.102, 3.303, 3.310.

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran had active service from August 2002 to December 2002.

This matter comes before the Board of Veterans' Appeals (Board) on appeal from an April 2026 rating decision by a Department of Veterans Affairs (VA) regional office (RO). The Veteran timely appealed by submitting a January 2026 VA Form 10182 and requested the Direct Review docket. Therefore, the Board may only consider the evidence of record at the time of the April 2026 agency of original jurisdiction (AOJ) decision on appeal. 38 C.F.R. § 20.301. If evidence was submitted after the AOJ decision on appeal, the Board did not consider it in its decision. 38 C.F.R. §§ 20.300, 20.301, 20.801.

Entitlement to service connection for chronic fatigue syndrome is denied.

The Veteran asserts she is entitled to service connection for chronic fatigue syndrome, specifically as secondary to her service-connected adjustment disorder with mixed anxiety and depressed mood.

Service connection may be granted for a disability resulting from a disease or injury incurred in or aggravated by active service. 38 U.S.C. § 1131; 38 C.F.R. § 3.303. The three-element test for service connection requires evidence of: (1) a current disability; (2) an in-service incurrence or aggravation of a disease or injury; and (3) a causal relationship between the current disability and the in-service disease or injury. Shedden v. Principi, 381 F.3d 1163, 1166-67 (Fed. Cir. 2004).

Service connection may also be granted on a secondary basis for a disability which is proximately due to, or the result of, an already service-connected disability. 38 CFR § 3.310. Establishing secondary service connection requires evidence of: (1) a current disability (for which secondary service connection is sought); (2) an already service-connected disability; and (3) that the claimed disability was either caused or aggravated by the already service-connected disability. 38 C.F.R. § 3.310(b); Allen v. Brown, 7 Vet. App. 439, 448 (1995) (en banc).

Here, the evidence does not show the Veteran has chronic fatigue syndrome. The Board acknowledges that a prior December 2022 VA examination diagnosed chronic fatigue syndrome and a subsequent February 2023 rating decision issued a favorable finding that the Veteran has a current diagnosis of chronic fatigue syndrome. Under the Appeals Modernization Act (AMA), the Board is bound by favorable findings unless they are rebutted by clear and unmistakable evidence. 38?C.F.R. §§?3.104(c); 20.801(a). After a thorough review of the Veteran's electronic claim file, the Board concludes there is clear and unmistakable evidence that the Veteran does not have a current diagnosis of chronic fatigue syndrome.

To begin, there are other deficiencies with the December 2022 VA examination which diminish its credibility. Specifically, the December 2022 VA examiner considered the Veteran had Gulf War TERA exposure when in fact the Veteran did not have service in Southwest Asia during the Persian Gulf War era. Turning to alternative contradictory evidence, a subsequent January 2024 examination found no current diagnosis of chronic fatigue syndrome. See January 2024 C&P Exam. Due to this contradictory evidence, VA requested an April 2025 opinion to reconcile the evidence of record. Following their review of the record, the April 2025 VA examiner opined that the Veteran does not have chronic fatigue syndrome because they do not meet the criteria to warrant such a diagnosis. See April 2025 C&P Exam. Instead, the examiner notes the Veteran has a history of hypoglycemia and iron deficiency anemia, both of which include fatigue as a symptom. Based on the foregoing, the Board finds there is clear and unmistakable evidence to rebut the prior favorable finding and finds that the Veteran does not have a current diagnosis of chronic fatigue syndrome.

The existence of a current disability
 January 2024 C&P Exam. Due to this contradictory evidence, VA requested an April 2025 opinion to reconcile the evidence of record. Following their review of the record, the April 2025 VA examiner opined that the Veteran does not have chronic fatigue syndrome because they do not meet the criteria to warrant such a diagnosis. See April 2025 C&P Exam. Instead, the examiner notes the Veteran has a history of hypoglycemia and iron deficiency anemia, both of which include fatigue as a symptom. Based on the foregoing, the Board finds there is clear and unmistakable evidence to rebut the prior favorable finding and finds that the Veteran does not have a current diagnosis of chronic fatigue syndrome.

The existence of a current disability is the cornerstone of a claim for VA disability compensation, regardless of the theory of service connection. 38 U.S.C. § 1110. In other words, the evidence must show that, at some point during the appeal period, the Veteran has the disability for which benefits are being claimed. Therefore, in the absence of a current disability, the weight of the probative evidence of record weighs against the claim and there is no reasonable doubt to be resolved. In this case there is no evidence of a current chronic fatigue syndrome diagnosis and therefore service connection must be denied.

 

 

MICHAEL A. PAPPAS

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	E. J.

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.