Author – Edward Farmer
Edward M. Farmer is a U.S. Army veteran and attorney. A majority of his career has been dedicated to assisting veterans with VA disability appeals. More information regarding Edward and his law firm can be found at www.vetlawoffice.com
The material and information contained on these pages and on any pages linked from these pages are intended to provide general information only and not legal advice. You should consult with an attorney licensed to practice in your jurisdiction before relying upon any of the information presented here.
Welcome to Our Disability News Column.
Five Things Veterans Should Know About Their VA Fibromyalgia Claims
By Edward M. Farmer
Like other veterans, veterans of the Persian Gulf Wars and Operation Iraqi Freedom can receive service-connected compensation from the Department of Veteran Affairs for disabilities that were incurred during or aggravated by their service in the armed forces. Many Persian Gulf War and Operation Iraqi Freedom veterans may have been exposed to biological or environmental hazards or to preventative medicine or vaccines whose effects are not well known and are the subject of ongoing scientific research. As a result, these veterans may be suffering from multisymptom disabilities, such as fibromyalgia, that are poorly understood by the medical profession.
Special rules exist to allow these veterans to obtain service connection even if their disability cannot be service connected under the regular rules. In this article, I will share five things to help win your claim for fibromyalgia with the VA.
- Congress enacted generous rules that make it easier for Gulf War Vets with fibromyalgia to win their claims.
Some Gulf War Veterans with fibromyalgia are entitled “presumptive service-connection”. This means, given the other factors discussed below are met, fibromyalgia will be presumed related to the veteran’s service. This is a powerful rule that eliminates the need for evidence linking the fibromyalgia to events in service. For instance, veterans who qualify under this rule do not need a medical opinion stating the fibromyalgia is related to service.
- The VA’s idea of the “Persian Gulf War” is probably different from yours.
To benefit from the special rules for Fibromyalgia, a Veteran must qualify as a Persian Gulf War Veteran. The VA considers the Persian Gulf War to be continuously ongoing since August 2, 1990. Therefore, the rules discussed in this article not only apply to those veterans who served in the first Gulf War during Operations Desert Shield and Desert Storm but they also apply to those who served in Operation Iraqi Freedom, and to some extent, Operation Enduring Freedom.
- “Southwest Asia” does not include all of the countries in Southwest Asia.
To take advantage of the special rules concerning fibromyalgia, Veterans must also have served on active military, naval, or air service in the Southwest Asia theater of operations. This includes service in Iraq, Kuwait, Saudi Arabia, Bahrain, Qatar, the United Arab Emirates, Oman, the Gulf of Aden the Gulf of Oman, the Persian Gulf, the Arabian Sea, the Red Sea, and the airspace above these locations. Unfortunately, veterans stationed in Turkey and the surrounding areas are not entitled to the presumption. Further, the VA has been inconsistent with applying the presumption to Afghanistan veterans. As of the date of this column, it is unclear whether the VA considers veterans who served in Afghanistan to have served in Southwest Asia for purposes of the presumption.
- Fibromyalgia is considered an unexplained “qualifying chronic disability.”
Veterans applying for service-connection under the Gulf War presumption, must suffer from “a qualifying chronic disability” which includes any “medically unexplained chronic multisymptom illness (MUCMI).” Luckily, you do not have to prove to the VA that fibromyalgia is a MUCMI as Congress has already determined that fibromyalgia meets this definition. Instead, you simply need to show a current diagnosis of fibromyalgia. A diagnosis of fibromyalgia is confirmed with a brief physical exam that involves the testing of the trigger points. In order to give a diagnosis of fibromyalgia, the VA requires that there must be widespread pain lasting at least three months, and in at least 11 out of the 18 possible tender points.
- Your fibromyalgia symptoms can manifest at any time since your return from active duty in Southwest Asia.
The last requirement to obtain presumptive service-connection for fibromyalgia is that the symptoms must have become manifest during active military service in the Southwest Asia theater of operations or to a degree of 10 percent at any time since the veteran’s return from active duty in Southwest Asia. To a “degree of 10 percent” means the pain must be present on both sides of the body and both above and below the waist and requires continuous medication for control.
These are only five of many factors that can go into determining qualification for service-connected compensation from the VA. Stay informed. Knowledge is power and can make the difference in your VA claim. Please consult a VA accredited representative for additional assistance.
Edward M. Farmer is a U.S. Army veteran and attorney. A majority of his career has been dedicated to assisting veterans with VA disability appeals. More information regarding Edward and his law firm can be found at www.vetlawoffice.com
The material and information contained on these pages and on any pages linked from these pages are intended to provide general information only and not legal advice. You should consult with an attorney licensed to practice in your jurisdiction before relying upon any of the information presented here.
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Welcome to the Fibro Patient Education and Support Organization. I imagine if you found us, you want answers.
A veteran working for the va hospital and also have fibromyalgia..it seems I cannot get an approved exam for a new position from HR side or my primay
Hi Caroline,
Edward M. Farmer is a U.S. Army veteran and attorney. A majority of his career has been dedicated to assisting veterans with VA disability appeals. More information regarding Edward and his law firm can be found at http://www.vetlawoffice.com
Thanks
Necie
I spoke with Attorney Farmer,
Please clarify your question.
Thank-you
Necie
What about veterans who were not deployed?
Hello,
I will have the Attorney whom wrote the column to respond to your inquiry.
Thanks
Necie
I would also like to know about vets who haven’t deployed?
This is Attorney Farmers contact info for assistance:
Edward M. Farmer is a U.S. Army veteran and attorney. A majority of his career has been dedicated to assisting veterans with VA disability appeals. More information regarding Edward and his law firm can be found at http://www.vetlawoffice.com
Hello George,
Please clarify your question.
For more information I recommend you contact Attorney Farmer.
Q1: Why do many attorneys refrain from taking on VA disability cases?
A1: There are several reasons why an attorney may not accept a VA disability case. The primary reason being, it’s a very niche legal field and many attorneys do not have the legal knowledge or experience to competently handle a VA disability claim. There are only a handful of attorneys in Chicagoland who handle these cases on a regular basis.
Further, before 2007, the VA had strict limitations on when a Veteran could hire an attorney to represent them on a VA benefit claim.
Even now, an attorney cannot be hired to handle a VA disability claim until a Notice of Disagreement is filed. In other words, an attorney cannot be hired for the initial claims process. They can only be hired once you are ready to appeal an adverse decision from the VA.
Hiring an attorney is an important choice. You should choose an attorney who provides aggressive representation and understands the law. The VA system is comprised of over 2000 pages of rules and regulations. An experienced attorney knows how to use these rules and regulations to provide you the best chance of success in your case.
Q2: How does the VA rate fibromyalgia?
A2: Fibromyalgia is rated under diagnostic code 5025 (see below). A rheumatologist must evaluate and diagnose the condition for it to be rated under this code. Additionally, the pain must be present on both sides of the body and both above and below the waist to be rated under this code. The rating the Veteran will receive depends on the symptoms and the severity of the condition. If the pain is constant and is resistant to treatment, then it is rated 40%. If the pain is not constant, but recurring and present 1/3 of the time, then it is rated 20%. As long as the pain requires continuous medication to control it, it at least receives 10%.
Edward M. Farmer is a U.S. Army veteran and attorney. A majority of his career has been dedicated to assisting veterans. More information regarding Edward and his law firm can be found at http://www.vetlawoffice.com or by calling 800-700-4174.
The material and information contained on these pages and on any pages linked from these pages are intended to provide general information only and not legal advice. You should consult with an attorney licensed to practice in your jurisdiction before relying upon any of the information presented here.
2 questions; 1) why do the vast number of attorneys refrain from taking on VA disability cases? Are they a ‘lost cause’ from the get go due to govt. legal immunity?
2) why are so many vets disabled yet never made it to the Persian Gulf battlefields or the Area of Operations for the Gulf War except for training missions (1987) which preceded the war?
Thank you.
Hi Jerry,
I will have the Attorney whom wrote the column to respond to your inquiry.
Thanks
Necie
I am Waiting for a reply from Attorney Edward Farmer.
Thanks
Necie
This is Attorney Farmers contact info for assistance:
Edward M. Farmer is a U.S. Army veteran and attorney. A majority of his career has been dedicated to assisting veterans with VA disability appeals. More information regarding Edward and his law firm can be found at http://www.vetlawoffice.com
Q1: Why do many attorneys refrain from taking on VA disability cases?
A1: There are several reasons why an attorney may not accept a VA disability case. The primary reason being, it’s a very niche legal field and many attorneys do not have the legal knowledge or experience to competently handle a VA disability claim. There are only a handful of attorneys in Chicagoland who handle these cases on a regular basis.
Further, before 2007, the VA had strict limitations on when a Veteran could hire an attorney to represent them on a VA benefit claim. Even now, an attorney cannot be hired to handle a VA disability claim until a Notice of Disagreement is filed. In other words, an attorney cannot be hired for the initial claims process. They can only be hired once you are ready to appeal an adverse decision from the VA.
Hiring an attorney is an important choice. You should choose an attorney who provides aggressive representation and understands the law. The VA system is comprised of over 2000 pages of rules and regulations. An experienced attorney knows how to use these rules and regulations to provide you the best chance of success in your case.
Q2: How does the VA rate fibromyalgia?
A2: Fibromyalgia is rated under diagnostic code 5025 (see below). A rheumatologist must evaluate and diagnose the condition for it to be rated under this code. Additionally, the pain must be present on both sides of the body and both above and below the waist to be rated under this code. The rating the Veteran will receive depends on the symptoms and the severity of the condition. If the pain is constant and is resistant to treatment, then it is rated 40%. If the pain is not constant, but recurring and present 1/3 of the time, then it is rated 20%. As long as the pain requires continuous medication to control it, it at least receives 10%.
Edward M. Farmer is a U.S. Army veteran and attorney. A majority of his career has been dedicated to assisting veterans. More information regarding Edward and his law firm can be found at http://www.vetlawoffice.com or by calling 800-700-4174.
The material and information contained on these pages and on any pages linked from these pages are intended to provide general information only and not legal advice. You should consult with an attorney licensed to practice in your jurisdiction before relying upon any of the information presented here.
I returned from iraq/kuwait in 2010 and the ft dix doctors told me that my hip injury was old age and not from the fall i reported. He even said my head injury was minor. I havent been to the va since-why would i bother, they dont care
I am Waiting for a reply from Attorney Edward Farmer.
Thanks
Necie
This is Attorney Farmers contact info for assistance:
Edward M. Farmer is a U.S. Army veteran and attorney. A majority of his career has been dedicated to assisting veterans with VA disability appeals. More information regarding Edward and his law firm can be found at http://www.vetlawoffice.com
I just went for a fibro comp and pen but the doctor never checked for the 18 tender points. Although she did say my pain is constant it’s refractory to therapy I’m on medicine and that it is service-connected. Also that my pain is widespread over the musculoskeletal system. Now my question is because she failed to do the tender Point exam does that mean the VA will not give me service connection for fibro. If she had Mark the tender points I would have qualified for 40% but she marked every box no but never checked me.
I am Waiting for a reply from Attorney Edward Farmer.
Thanks
Necie
This is Attorney Farmers contact info for assistance:
Edward M. Farmer is a U.S. Army veteran and attorney. A majority of his career has been dedicated to assisting veterans with VA disability appeals. More information regarding Edward and his law firm can be found at http://www.vetlawoffice.com
This is Attorney Farmers contact info for assistance:
Edward M. Farmer is a U.S. Army veteran and attorney. A majority of his career has been dedicated to assisting veterans with VA disability appeals. More information regarding Edward and his law firm can be found at http://www.vetlawoffice.com
Q1: Why do many attorneys refrain from taking on VA disability cases?
A1: There are several reasons why an attorney may not accept a VA disability case. The primary reason being, it’s a very niche legal field and many attorneys do not have the legal knowledge or experience to competently handle a VA disability claim. There are only a handful of attorneys in Chicagoland who handle these cases on a regular basis.
Further, before 2007, the VA had strict limitations on when a Veteran could hire an attorney to represent them on a VA benefit claim. Even now, an attorney cannot be hired to handle a VA disability claim until a Notice of Disagreement is filed. In other words, an attorney cannot be hired for the initial claims process. They can only be hired once you are ready to appeal an adverse decision from the VA.
Hiring an attorney is an important choice. You should choose an attorney who provides aggressive representation and understands the law. The VA system is comprised of over 2000 pages of rules and regulations. An experienced attorney knows how to use these rules and regulations to provide you the best chance of success in your case.
Q2: How does the VA rate fibromyalgia?
A2: Fibromyalgia is rated under diagnostic code 5025 (see below). A rheumatologist must evaluate and diagnose the condition for it to be rated under this code. Additionally, the pain must be present on both sides of the body and both above and below the waist to be rated under this code. The rating the Veteran will receive depends on the symptoms and the severity of the condition. If the pain is constant and is resistant to treatment, then it is rated 40%. If the pain is not constant, but recurring and present 1/3 of the time, then it is rated 20%. As long as the pain requires continuous medication to control it, it at least receives 10%.
Edward M. Farmer is a U.S. Army veteran and attorney. A majority of his career has been dedicated to assisting veterans. More information regarding Edward and his law firm can be found at http://www.vetlawoffice.com or by calling 800-700-4174.
The material and information contained on these pages and on any pages linked from these pages are intended to provide general information only and not legal advice. You should consult with an attorney licensed to practice in your jurisdiction before relying upon any of the information presented here.
Hi Everyone,
Your questions are all very important and I just sent another communication to Attorney Farmer requesting his assistance.
My sincere apologies for the delay.
Necie