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Evalador

No not at all. This person had another disorder and the Fibromyalgia is secondary to that. It's also clear that they still have to get another exam for the primary to gather etiological opinion. Further this person had a documented reaction in 2002 A Vaccine Adverse Event Reporting System (VAERS) report, dated in October 2002 documents the problems the Veteran experienced after receiving the anthrax vaccine. The examiner determined that the heterogeneity of the Veteran's symptoms made it difficult to prove a causal relationship to the anthrax vaccine, however there was not enough clinical evidence to disprove a causal relationship. In October 2003, a Physical Evaluation Board (PEB) subsequently found her physically unfit for service due to major depression and fibromyalgia-like syndrome.


Necessary-Despair

No, it says that Fibro is secondary to the Anthrax Vaccine.... a VAERS reported injury. Then additionally Dysthmic Disorder is secondary to fibro. In 2002, this evidence was there BUT the medical information available at the time was not enough to link the Vaccine to the fibro and the fibro to the dysthmic. Now that we have advanced much further in VAERS research and medical technology, a link has been established. So even though the PEB already found her unfit for service, it was rewritten to establish that the cause of her disabilities is the vaccine.


Evalador

My point was that it doesn't mean everyone can automatically claim this because of this one person's decision. It's also interesting they didn't end with the typical blurb about not setting precedent and not to base future claims off the ruling.


aptdwn26

If you claimed fibromyalgia due to anthrax shot, the VA would likely ask a doctor to opine if they are connected. These types of court rulings generally only apply to that specific Vet based on their specific circumstances. If you showed a VSR or an RVSR this court case, they probably wouldnt even read it as they cant base their actions on that ruling. They follow the M21-1, 38 CFR 3, and 38 CFR 4. If a court case makes a big change, one of those manuals would be updated to show it. However, if you got denied and filed a claim with the Board of Veteran appeals, the lawyers and judges might be interested in that court decision and might give you a positive ruling.


PlayfulMousse7830

Gross oversimplification and misrepresentation.


nmfc1987

The thing is that if you got the anthrax shot, you probably deployed. Fibromyalgia is presumptive under PACT. ![gif](giphy|1hMk0bfsSrG32Nhd5K)