Jim,

I have a question on my findings from my C&P examiner. I am at maximum rating with (2) 100% service connected P&T ratings as well as several others from 10%-50% all service connected. I also receive Aid & attendance and SMC (R) ratting.

My C&P examiner stated in the C&P exam that I have Fibromyalgia and in his opinion it was service related and service connected. The VA gave this a 0% ratting and stated it was non service connected.

Since I can not benefit with any increase in benefits as far as I know and the way the backlog is for new veterans and appeals should I just let this error go or should I appeal the VA decision on this ratting ?

Any information you could provide will be greatly appreciated.

Reply:

There's something in your message that's not correct.

VA doesn't award ratings to conditions not service connected. In other words, that fact that you got a 0% rating for fibro means that VA cedes that it is a service connected condition but that it isn't disabling to a degree that would justify the next rating of 10%.

C & P examiners rarely know much about how ratings are assigned. They only report their findings, they don't do anything else.

Fibromyalgia is a controversial diagnosis in both civilian and VA findings. Many physicians don't believe it exists at all. The diagnosis is made by identifying a group of symptoms, there isn't one specific lab test or some other definite marker.

The C & P examiner said you have fibro and in his/her opinion that it was SC, so the rater gave you the SC rating of 0%. That's all you need. If the fibro were to get worse in the future, you could ask for an increased rating and the SC would already be established. That's 1/2 the battle already done...a good thing.

For now, I wouldn't do anything were I you. You got a lot from the C & P doc...more than I'd have expected. Even if you appealed and asked for a 10% or 20% rating, and you got it, it wouldn't do anything for you.

Let this one go, keep it in mind for the future.