Getting Veterans (VA) Disability for Chronic Fatigue Syndrome

CCK Law: Our Vital Role in Veterans Law

Chronic fatigue syndrome, common in Gulf War veterans, is difficult to define and even harder to diagnose. If you served in the military and received a diagnosis of chronic fatigue syndrome during or after your service, you might be eligible for VA disability benefits. Unfortunately, because it is so difficult to define, diagnose, and prove, receiving veterans (VA) disability for Gulf War-related chronic fatigue syndrome (CFS) is often much more difficult than it should be.

A skilled VA disability attorney from Chisholm Chisholm & Kilpatrick LTD can help. We have represented many veterans who initially applied on their own and received denials, despite having seemingly overwhelming evidence of a service-related disability. We can put our experience and vast resources to work for you and give you the best chance of a favorable outcome.

Call our office today for a free consultation: 401-331-6300.

How Can I Qualify for VA Disability for Chronic Fatigue Syndrome (CFS)?

The process for winning VA disability benefits for chronic fatigue syndrome is the same as for other service-related illnesses and injuries.

It requires three steps, and we can guide you through all of them. The first is receiving and presenting a valid, current chronic fatigue syndrome diagnosis. The second is identifying a specific event during your military service that caused or contributed to the development of the condition. The third and final step is showing a medical opinion that links the in-service event we identify to your diagnosis.

Medical Diagnosis

To receive VA disability benefits, we need a current diagnosis of chronic fatigue syndrome. Some doctors are hesitant to label a patient with this condition, as it is hard to define and symptoms often come and go.

That said, if you have multiple symptoms listed below and they have persisted for six months or longer, you might meet the criteria established by many medical professionals for chronic fatigue syndrome:

• Sustained reduction in activity level
• Worsening of symptoms after physical or mental activity
• Difficulty sleeping
• Thinking or memory problems
• Worsening of symptoms while sitting upright or standing
• Unexplained pain

In-Service Cause

In addition to a valid, current diagnosis, we need to establish service connection for your condition. This means we must identify a specific injury, illness, or occurrence during your military service that we can point to as the cause of your medical condition. The most common (but not only) way to prove this is with medical treatment records from during service.

When Is Service Presumed to Have Caused Chronic Fatigue Syndrome?

VA will presume service connection for chronic fatigue syndrome if you served in the Southwest Asia theater of operations at any time on or after August 2, 1990 under its Gulf War Presumption. This includes the following locations:

• Iraq
• Kuwait
• Saudi Arabia
• The neutral zone between Iraq and Saudi Arabia
• Bahrain
• Qatar
• The United Arab Emirates
• Oman
• The Gulf of Aden
• The Gulf of Oman
• The Persian Gulf, the Arabian Sea, or the Red Sea

If you did not serve in the Southwest Asia theater of operations after 1990, we can assess your individual case to determine another route to prove service connection.

Linking Medical Opinion

Thirdly, you will need a “nexus,” or a medical opinion linking the in-service cause to your chronic medical condition.

If you qualify for a presumption of service connection for chronic fatigue syndrome due to serving in a designated area listed above, we do not need to provide a linking medical opinion. If you do not qualify, our attorneys consult with doctors and other experts in the field to establish a nexus between the identified event in your military service and your chronic fatigue syndrome diagnosis.

How Does VA Rate Chronic Fatigue Syndrome?

After service connection is proven, VA will rate the severity of the condition. VA awards disability benefits for chronic fatigue syndrome at different levels based on the severity of your condition. What matters is not the condition itself, but how it affects your ability to work and carry out activities of daily living.

VA rates chronic fatigue syndrome under 38 CFR § 4.88a and 4.88b, contained within the Schedule of Ratings – Infectious Diseases, Immune Disorders, and Nutritional Deficiencies. Within this schedule of ratings, chronic fatigue syndrome is rated using Diagnostic Code 6354.

VA disability ratings range from 0 to 100 percent in increments of 10 percent. For chronic fatigue syndrome, VA will assign you either a 10, 20, 40, 60, or 100 percent rating, depending on how incapacitating your chronic fatigue syndrome is. The criteria for these different percentage ratings are as follows:

• 10 percent disability rating (waxes and wanes but causes periods of incapacitation of at least one but less than two weeks a year; or controllable by medication)
• 20 percent disability rating (“nearly constant and restricts routine daily activities by less than 25 percent of the pre-illness level” and results in periods of incapacitation of two to four weeks per year)
• 40 percent disability rating (“nearly constant and restricts routine daily activities to 50 to 75 percent of the pre-illness level” or results in periods of incapacitation of at least four but less than six weeks total duration per year)
• 60 percent disability rating (“nearly constant and restricts 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”)
• 100 percent disability rating (“nearly constant and so severe as to restrict routine activities almost completely”)

Notes:

• “Incapacitating” in this sense means it requires bed rest and medical treatment.
• If VA rates your condition as 30 percent disabling or higher, you can receive additional benefits on behalf of any dependents living at your home, such as your spouse, children, or dependent parents.

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How Much Can I Receive in VA Compensation for Chronic Fatigue Syndrome?

As of 2025, the VA disability rate benefit amounts are as follows:

• 0 percent disability rating: $0.00 per month
• 10 percent disability rating: $175.51 per month
• 20 percent disability rating: $346.95 per month
• 40 percent disability rating: $774.16 per month
• 60 percent disability rating: $1,395.93 per month
• 100 percent disability rating: $3,831.30 per month

Do I Need a Lawyer to Receive VA Disability for Chronic Fatigue Syndrome?

No. The law does not require you to have a lawyer to apply for VA disability benefits. In fact, it is currently against the law for anyone to charge a veteran for assistance with filing a claim.

However, VA acknowledges that appeals are difficult (i.e., after you receive a denial or incorrect rating). Your chances of a favorable appeal may be higher when you have a VA-accredited attorney, particularly if that attorney has years of experience dealing with VA.

CCK Law attorneys have helped tens of thousands of veterans since 1999 and argued many of the cases that now define veterans law. Our attorneys can increase the chances of you getting the correct benefits by ensuring the case that you present to VA is thorough, compelling, and based on veterans law and VA regulations. We have helped veterans recover over $1 billion in wrongfully disability benefits, and we may be able to help you as well. We can handle all the details of your case for you so you can focus on your health and your family.

Call Chisholm Chisholm & Kilpatrick LTD for a free consultation: 401-331-6300.

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