38 CFR Part 4, Rating Schedule

38 CFR § 4.88a

Chronic fatigue syndrome

Comes up when VA needs to confirm a chronic fatigue syndrome diagnosis before rating it under § 4.88b.

How the Board actually uses this section

Original RateMyVSO research, catalogued from the full archive of published Board of Veterans' Appeals decisions. No other source measures how each regulation plays out at the Board.

45.9%
granted at least one issue
1,523
published decisions citing it

The grant figure reflects the mix of claims where this section comes up, not the legal merit of any single claim.

Read the 1,523 decisions citing § 4.88a

The conditions it decides

Decision counts per diagnostic code. Select a bar to read those exact Board decisions.

Chronic fatigue syndrome (CFS) (DC 6354)1,029about this conditionMigraine (DC 8100)229about this conditionSleep Apnea Syndromes (Obstructive, Central, Mixed) (DC 6847)194about this conditionIrritable bowel syndrome (IBS) (DC 7319)155about this conditionLumbosacral or cervical strain (DC 5237)130about this conditionFibromyalgia (fibrositis, primary fibromyalgia syndrome) (DC 5025)125about this conditionHypertensive vascular disease (hypertension and isolated systolic hypertension) (DC 7101)116about this condition

What this regulation says, in plain English

This section sets the diagnostic criteria VA uses for chronic fatigue syndrome: new, severe fatigue cutting daily activity by more than half for at least six months, ruling out other conditions that could explain the symptoms, and at least six of ten listed features such as low-grade fever, sore throat, tender lymph nodes, and sleep disturbance.

Read the full text of 38 CFR § 4.88a

This text was last amended by VA on December 14, 2016. We check it against eCFR every week.

(a) For VA purposes, the diagnosis of chronic fatigue syndrome requires: #

(1) new onset of debilitating fatigue severe enough to reduce daily activity to less than 50 percent of the usual level for at least six months; and

(2) the exclusion, by history, physical examination, and laboratory tests, of all other clinical conditions that may produce similar symptoms; and

(3) six or more of the following:

(i) acute onset of the condition, #

(ii) low grade fever,

(iii) nonexudative pharyngitis,

(iv) palpable or tender cervical or axillary lymph nodes,

(v) generalized muscle aches or weakness, #

(vi) fatigue lasting 24 hours or longer after exercise,

(vii) headaches (of a type, severity, or pattern that is different from headaches in the pre-morbid state),

(viii) migratory joint pains,

(ix) neuropsychologic symptoms,

(x) sleep disturbance. #

(b) [Reserved] #

(Authority: 38 U.S.C. 1155)

Related Tools and Guides

38 CFR § 4.88b
Schedule of ratings-infectious diseases, immune disorders and nutritional deficiencies
38 CFR § 3.317
Compensation for certain disabilities occurring in Persian Gulf veterans
38 CFR § 3.320
Claims based on exposure to fine particulate matter
38 CFR § 4.112
Weight loss and nutrition
38 CFR § 4.113
Coexisting abdominal conditions

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