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Question About Bva Decision

Penelope

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Penelope Enthusiast

Penelope

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I have been re-reading my BVA decision and have a question I would appreciate help with. I had a C&P exam in 1993 and the result was possible chronic fatigue syndrome, suggestive of no other disease and adjustment disorder with depression.

The ultimate BVA decision granted for CFS. My question is this: Is Adjustment order w/depression considered part of Chronic Fatigue Syndrome, or is that a separate issue? If it is a separate issue, they are not considering that part of the Service Connection, even though I was diagnosed with depression in the service medical records. Or are they just mentioning this as a current status? I hope my question is clear.

The decision also says no extra-schedular evaluations are necessary. Is this what is meant when people say, "No future exams scheduled"? Other than my normal visits to the dr., I have had no C&P exams by VA since 1993.

I apologize if this is confusing, I am just trying to get this straight in my mind. Thanks for your time.

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Penelope Enthusiast

Penelope

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Your award is Permanent and Total. That is big.

Congrats

Pete -- I am totally confused now. It doesn't say Permanent and Total. I have been receiving 60% since 1996. If it is "Permanent and Total", what does that mean? I appreciate the insight.

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Berta Grand Master

Berta

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No=not Permanent and total- VA makes a determination of P & T only if the vet is 100% or gets TDIU.

Also the VA can re-evaluate a disability whether they say no future exams or not.

The 60% -is this solely for CFS?

Can you give us the BVA Docket and Citation Number> These decisions are public (no personal info is posted) and we could determine bvetter the answer to your question by reading the decision,

Did you formally claim the adjustment disorder with depression as a separate issue?

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Penelope Enthusiast

Penelope

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No=not Permanent and total- VA makes a determination of P & T only if the vet is 100% or gets TDIU.

Also the VA can re-evaluate a disability whether they say no future exams or not.

The 60% -is this solely for CFS?

Can you give us the BVA Docket and Citation Number> These decisions are public (no personal info is posted) and we could determine bvetter the answer to your question by reading the decision,

Did you formally claim the adjustment disorder with depression as a separate issue?

Docket # 93-11 229

The Citation Number is 9801156

Decision Date 1/15/98

I only filed for Chronic Fatigue Syndrome.

Thanks for your help.

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carlie Grand Master

carlie

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The decision also says no extra-schedular evaluations are necessary. Is this what is meant when people say, "No future exams scheduled"? Other than my normal visits to the dr., I have had no C&P exams by VA since 1993.

I apologize if this is confusing, I am just trying to get this straight in my mind. Thanks for your time.

THIS has nothing to do with either P&T or future examinations.

It only pertains to the fact that they are not ordering an

exam or evaluation for extra- schedular considerations.

jmho,

carlie

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Testvet Grand Master

Testvet

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well soon you will have the 20 years locked in if you have depression secondary to your CFS I am pretty sure you will have to file a seperate claim asking for the rating however if you do that they can then look at your CFS and determine if it has gotten "better" some times it is best to leave sleeping dogs lie, are you still working or are you on SSD?

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Penelope Enthusiast

Penelope

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Testvet -- Thank you for the reply. I am still working at this time. However, as with the rest of the economy, things are in an uproar and I don't know how much longer I can last. I continue to be under Dr. care for my CFS and more than meet the requirement for the 60% evaluation. I have considered not doing anything with my rating, but if my current position is eliminated, I don't think I am physically able to do the job that is left. I just don't know, but feel like I have to look at all possibilities. Also, it has been made clear to me that this particular manager doesn't want anyone with medical restrictions. I had to fight to keep my job when he came onboard. I just don't know how much fight I have left. If I am forced to leave, I will file for SSD. On top of this my dr. has also said that I need to evaluate problems with my arm and shoulder and determine whether I want surgery to fix that problem. This isn't connected to military time at all. The good news is that this isn't as depressing as it sounds. At least I have the time to consider what path to follow.

Again, thanks for your comments.

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Pete53 Grand Master

Pete53

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Pete -- I am totally confused now. It doesn't say Permanent and Total. I have been receiving 60% since 1996. If it is "Permanent and Total", what does that mean? I appreciate the insight.

Sorry my head was not screwed on straight. I jumped on no future exams.

Berta and Carlie thanks for the help :D

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carlie Grand Master

carlie

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I have been re-reading my BVA decision and have a question I would appreciate help with. I had a C&P exam in 1993 and the result was possible chronic fatigue syndrome, suggestive of no other disease and adjustment disorder with depression.

Penelope,

Did you ever file any claim to request SC for depression, anxiety or any mental health

disability ?

Can you post an exact copy (redact personal info. like name, SSA #, DOB)

of the 1993 C&P exam ?

When were you separated from service ?

When did you file your 21-526 and what was listed on it ?

The ultimate BVA decision granted for CFS. My question is this: Is Adjustment order w/depression considered part of Chronic Fatigue Syndrome, or is that a separate issue? If it is a separate issue, they are not considering that part of the Service Connection, even though I was diagnosed with depression in the service medical records. Or are they just mentioning this as a current status? I hope my question is clear.

It looks to me like you have not been granted any SC for a mental health disability

and I do believe that would be separate from your CFS.

I still do not know though if you ever requested SC for MH disability.

Having an actual diagnosis in your SMR's could play

into this though as an informal claim, especially in reading the C&P exam that you

have mentioned.

Do you know what Diagnostic Code's (DC) you are currently rated under ?

The decision also says no extra-schedular evaluations are necessary. Is this what is meant when people say, "No future exams scheduled"? Other than my normal visits to the dr., I have had no C&P exams by VA since 1993.

I've already commented on this one.

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