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BayouQueen

Clarification of BVA Decision

Question

    This is a decision I recently received from the BVA after a successful battle at the CAVC (please see below).  My appeal dates back to May 2006.  I just need clarification on a few things.  Staring with what disabilities exactly are they granting me.  I don’t understand what is meant by “a disability characterized by chronic fatigue”.  What     exactly is" that" disability?  Do they mean chronic fatigue or something similar to chronic fatigue?  Is the polymyositis going to be secondary to major depressive disorder? 

    Another thing that confuses me is that they are saying these things (chronic fatigue and polymyositis I assume) are secondary to my major depressive disorder.  I was only granted service connection for major depressive disorder in May 2014 and this appeal dates back to May 2006.  Which date will they use to determine the award May 2006 or May 2014?  Any help on clearing up these matters will be greatly appreciated. Thanks in advance.

 

FINDING OF FACT

 

The Veteran’s currently diagnosed chronic fatigue disorder, to include polymyositis, is aggravated by her service-connected major depressive disorder.

 

 CONCLUSION OF LAW

 

The criteria for service connection for a disability characterized by chronic fatigue, to include polymyositis, to include as secondary to a major depressive disorder are met.

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Chronic Fatigue is a Gulf War listed Presumptive, don't think it applies in this instance, to you.

Looks like you'll get a Secondary Rating due to your current SC Aggravating these "New DX" conditions. When exactly were each of the possible Secondaries DX'd, there's your Retro $$ Date on them.

Be sure your Direct Deposit Bank/CU account is set up to Txt/Email you regarding all transactions. Not unusual for the Retro to hit 3 -4 weeks before the actual Award Letter.

May be prudent to start reviewing the VA requirements for an IU Claim as well as looking into the VA Chapter 31, Vocational Rehab & Independent Living (IL) program. If your Award letter indicates an "Inferred IU Claim," you need to file the Official IU FDC, right away.

Semper Fi

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