Fibromyalgia, a pinched nerve in the neck, Raynaud's and arthritis
Four conditions VA can pay compensation for — on their own, or as a second condition caused or worsened by something already service-connected. Here is what they are, and how I would file.
What these four conditions are
- Fibromyalgia — widespread pain in the muscles and soft tissue along with tender points, meaning specific spots on the body that hurt when pressed. VA's rating rule defines "widespread" pain as pain on both the left and right sides of the body, both above and below the waist, affecting both the axial skeleton (the cervical spine, anterior chest, thoracic spine or low back — that is, the neck, chest and spine) and the arms and legs.
- Cervical radiculopathy — a pinched or damaged nerve root in the neck, where the "cervical" spine is the neck portion of the backbone, so the trouble shows up along whatever that nerve feeds, often down the shoulder, arm and hand.
- Raynaud's syndrome — the small blood vessels in the fingers and toes clamp down in cold or under emotional stress. VA's rating rule describes a characteristic attack as "sequential color changes of the digits of one or more extremities lasting minutes to hours, sometimes with pain and paresthesias, and precipitated by exposure to cold or by emotional upsets." Digits are fingers and toes. Paresthesias are pins-and-needles, burning or numb feelings.
- Arthritis — disease or wear in the joints. VA's rule opens by saying that "with any form of arthritis, painful motion is an important factor of disability."
Two ways in: direct, or secondary
Any of these four can be compensable if it is service-connected, or secondary to a condition already service-connected.
- Direct. The condition started in service or was caused by service.
- Secondary. 38 CFR 3.310(a): "Disability which is proximately due to or the result of a service-connected disease or injury shall be service connected." Proximately due to means your service-connected condition caused it.
- Aggravation — the part most people never hear. 38 CFR 3.310(b) also covers a condition that was not service-connected but got worse because of one that is. The increase in severity can be service-connected and paid.
Fibromyalgia is a named presumptive
If you served in the Southwest Asia theater of operations on or after 2 August 1990, this is the most important paragraph on the page.
- 38 CFR 3.317 names fibromyalgia as a medically unexplained chronic multisymptom illness that VA presumes is service-connected. Presumes means VA accepts the connection to service without you proving it. No nexus opinion required — a nexus opinion is a doctor's statement linking the condition to service.
- The condition must have become manifest either during that service, or to a degree of 10 percent or more no later than 31 December 2026. Manifest means it showed up.
- Read that again: it is a deadline on when the illness appeared, not on when you file. If your fibromyalgia manifested to that degree years ago, you are inside the rule, and you can file later and still get the presumption. Do not let anyone rush you or sell you speed.
- Do not file too early either. 38 CFR 3.317(a)(4): "Disabilities that have existed for 6 months or more and disabilities that exhibit intermittent episodes of improvement and worsening over a 6-month period will be considered chronic."
38 CFR 3.317 · VA's Gulf War illness page
Arthritis within one year of separation
- 38 CFR 3.309(a) lists chronic diseases VA will presume are service-connected. One entry is plainly "Arthritis."
- Under 38 CFR 3.307(a)(3), the disease must have become manifest to a degree of 10 percent or more within 1 year from the date of separation from service.
- So if you separated recently and arthritis showed up in that first year, say so. You may not need to prove how it happened.
Diagnostic code 5025
VA rates fibromyalgia under diagnostic code 5025 in 38 CFR 4.71a. A diagnostic code is the number VA uses on your decision letter to say which rule it rated you under.
- 40 percent — symptoms that are constant, or nearly so, and refractory to therapy. Refractory means treatment is not controlling it.
- 20 percent — symptoms that are episodic, with exacerbations often precipitated by environmental or emotional stress, but that are present more than one-third of the time. Episodic means it comes in bouts; exacerbations are flare-ups.
- 10 percent — symptoms that require continuous medication for control.
The same symptom cannot be paid twice
This is the trap on a page like this one, and I would rather you hear it from me now than from a denial later.
- 38 CFR 4.14: "The evaluation of the same disability under various diagnoses is to be avoided … the evaluation of the same manifestation under different diagnoses are to be avoided." A manifestation is a symptom as it shows up.
- Diagnostic code 5025 already folds fatigue, sleep disturbance, stiffness, paresthesias, headache, irritable bowel symptoms, depression, anxiety and Raynaud's-like symptoms into the fibromyalgia evaluation.
- So if fibromyalgia is already rated and you then claim migraine, irritable bowel, a mental health condition or Raynaud's separately, a separate rating has to rest on a distinct diagnosis with its own symptoms — not the same complaints counted a second time.
Diagnostic code 7117
VA's rating schedule titles this code "Raynaud's syndrome (also known as secondary Raynaud's phenomenon or secondary Raynaud's)." VA names the secondary kind itself, right in the code title. That is your support for filing it as a secondary condition.
- 10 percent — characteristic attacks one to three times a week
- 20 percent — four to six times a week
- 40 percent — at least daily
- 60 percent — two or more digital ulcers, meaning open sores on the fingers or toes
- 100 percent — ulcers plus auto-amputation, meaning tissue dies and a digit is lost without surgery
The codes, and the rule that saves a 0 percent
- DC 5002 — "Multi-joint arthritis (except post-traumatic and gout), 2 or more joints, as an active process" — 100, 60, 40 or 20 percent.
- DC 5003 — "Degenerative arthritis, other than post-traumatic" — 20 or 10 percent, on X-ray evidence plus limitation of motion.
- DC 5010 — "Post-traumatic arthritis: Rate as limitation of motion, dislocation, or other specified instability under the affected joint." Post-traumatic means it followed an injury.
Cervical radiculopathy can be rated on its own
The nerve damage can carry its own rating, based on which nerve is affected and how bad the impairment is.
- Radicular groups — DC 8510 upper, 8511 middle, 8512 lower, 8513 all radicular groups. A radicular group is a bundle of nerve roots coming out of the neck.
- Named nerves — DC 8515 median nerve, 8516 ulnar nerve.
- These are rated as mild, moderate or severe incomplete paralysis, or complete paralysis. Incomplete means the nerve still works in part.
- The percentages differ for the major (dominant) and minor extremity — your writing hand rates higher than the other one.
- One limit VA states plainly: "when the involvement is wholly sensory, the rating should be for the mild, or at most, the moderate degree." Wholly sensory means numbness and tingling with no loss of strength — so if you have weakness or a weak grip, make sure the exam measures it and does not log you as sensory-only.
38 CFR 4.124a. All the arm and leg nerve levels are on Nerve damage VA ratings.
What I would do, in order
- File an intent to file, VA Form 21-0966. It sets a potential effective date for your payments and gives you one year to finish the claim. Be clear on what it does not do: it does not extend or protect any presumptive period.
- Get diagnosed and get it written down. A current diagnosis by name.
- Gather the evidence. Medical records, imaging such as X-rays and MRIs, nerve studies, specialist evaluations, treatment records, prescriptions, and your own written statement.
- Consider a Disability Benefits Questionnaire (DBQ) — VA's own exam form your private doctor can complete. Public DBQs cover all four of these: Fibromyalgia, Neck (Cervical Spine), Arthritis, and Artery and Vein Conditions, which is the one for Raynaud's.
- File the claim, and go to every examination VA schedules.
Intent to file · Evidence VA needs · Public DBQs
Three ways back, and the clock on each
- Higher-Level Review — within one year of the decision. A more senior reviewer looks at the same evidence. No new evidence allowed.
- Board Appeal — within one year of the decision, to the Board of Veterans' Appeals.
- Supplemental Claim — no filing deadline. You can file any time with new and relevant evidence.
Free help exists. Know the fee rules.
- An accredited Veterans Service Organization representative helps you free. Under 38 CFR 14.636, recognized organizations, including their accredited representatives acting as such, are not permitted to receive fees for claim work.
- Only accredited agents and attorneys may charge fees at all, and only after VA has issued notice of its initial decision on the claim.
- A fee not exceeding 20 percent of past-due benefits is presumed reasonable. A fee exceeding 33 and one-third percent of past-due benefits is presumed unreasonable. If someone hands you an agreement above that line, walk away and find somebody accredited.
- Nobody should be charging you to file an original claim. I do not charge for any of this.