1. Learning how to become service connected of your disability
related to service, and service connection for fibromyalgia
is granted. 38 C.F.R. §§ 3.6, 3.303.
CFS/EBV
A review of the record is silent regarding complains
consistent with CFS or EBV or diagnoses thereof until 2002.
In March 2005, the veteran was afforded a VA general medical
examination in which fibromyalgia was diagnosed. Fatigue,
along with other symptoms were said to be secondary to the
veteran's fibromyalgia. A separate diagnosis of CFS or EBV
was not assessed. Thus, whether the veteran suffers from
CFS/EBV as a condition separate and apart from his
fibromyalgia is uncertain. The evidence in this regard is
equivocal in light of the diagnoses of CFS and EBV beginning
in 2002. The record contains no evidence to refute the
separate diagnosis of CFS/EBV, and the Board, moreover, finds
no reason to doubt that the veteran suffers from CFS/EBV.
Thus, when viewing the evidence in the light most favorable
to the veteran, the Board determines that the evidence is at
least in relative equipoise as to whether he suffers from
CFS/EBV as a condition separate and apart from the
fibromyalgia. Thus, the Board concludes that the veteran
suffers from CFS/EBV. 38 U.S.C.A. § 5107; 38 C.F.R. § 3.102;
Gilpin, supra.
The record also reflects that CFS/EBV were diagnosed during a
period of ACDUTRA. Because there is no indication that
CFS/EBV occurred other than in the line of duty and because
it had its onset during a period of ACDURA, the Board
concludes that it is related to service, and service
connection for CFS/EBV is granted. 38 C.F.R. §§ 3.6, 3.303.
Obstructive sleep apnea
As a result of sleep apnea and failed treatment by CPAP, the
veteran underwent a tonsillectomy and the removal of the
uvula and excision of excessive tissue from the posterior
pharyngeal pillars. That surgical procedure, according to
the subsequent evidence of record to include a March 2005 VA

2. general medical examination report, resolved the disorder.
The veteran no longer suffers from obstructive sleep apnea.
A prerequisite for the granting of service connection is the
presence of a current disability. See Gilpin, supra;
Degmetich, supra. Because the veteran does not suffer from
the disability which he claims, service connection for
obstructive sleep apnea cannot be granted. Id.; 38 C.F.R.
§ 3.303.
Bilateral hearing loss
In March 1990, when enlisting in the Army National Guard, the
veteran's hearing was as follows:
HERTZ
500
1000
2000
3000
4000
RIGHT
20
10
10
15
35
LEFT
20
10
5
40
35
There is no data regarding speech recognition testing, yet it
appears that there was no right ear hearing loss within the
meaning of VA law and regulations. 38 C.F.R. § 3.385.

3. April 2000 hearing test results were as follows:
HERTZ
500
1000
2000
3000
4000
RIGHT
10
10
15
20
30
LEFT
25
25
15
50
45
There is no data regarding speech recognition testing, yet it
appears that there was no right ear hearing loss within the
meaning of VA law and regulations. Id.
In June 2001 hearing was as follows:
HERTZ
500
1000

4. 2000
3000
4000
RIGHT
15
10
20
25
35
LEFT
20
25
VA Disability