Jump to content

Ask Your VA Claims Questions | Read Current Posts 
Read VA Disability Claims Articles
Search | View All Forums | Donate | Blogs | New Users | Rules 

  • tbirds-va-claims-struggle (1).png

  • 01-2024-stay-online-donate-banner.png

     

  • 0

Nexus In Smrs

Rate this question


Berta

Question

This is one of my local vets.

I got him awarded about two years ago-

mega retro-----long time case------

His rep brought him to my home. I had limited info but had managed to access this BVA case and fortunately it was his because he forgot to bring all of his stuff-

http://www.va.gov/vetapp00/files3/0029422.txt

This was for SC of diabetes but not AO diabetes.

The Nexus is in the BVA decision-

one single word that no one bothered to even look up to see what it meant.

I couldn't wait until they left to delve into this word and what it meant-a few hours later ---

it meant service connection!

I will buy the VBM for the very first person here who posts that they have found the nexus word.

My point is that even with his SMRs the veteran himself nor his rep nor his attorneys at CAVC even read the SMRs carefully or used a medical dictionary to understand them.

Edited by Berta

GRADUATE ! Nov 2nd 2007 American Military University !

When thousands of Americans faced annihilation in the 1800s Chief

Osceola's response to his people, the Seminoles, was

simply "They(the US Army)have guns, but so do we."

Sameo to us -They (VA) have 38 CFR ,38 USC, and M21-1- but so do we.

Link to comment
Share on other sites

  • Answers 28
  • Created
  • Last Reply

Top Posters For This Question

Recommended Posts

  • HadIt.com Elder

Berta or Anyone,

Is Nervousness in your SMR Psychaitric Records a nexus to Anxiety ? Is this a KEY WORD?

Nervousness is an emotional reaction to all sorts of stresses, good or bad. A person may complain of being high-strung or jumpy. Feelings of nervousness can include:

* sweaty hands, dry mouth and rapid heartbeat,

* lack of concentration,

* muscle pains in the neck or back,

* restlessness and agitation,

* frequent need to use the bathroom for either diarrhea or urination, and

* an upset, jittery stomach.

All of us have been nervous, especially when we are anxious or afraid of new situations. It may be related to concerns about a relationship, job pressure, or a parenting issue. It usually resolves on its own. If it begins to interfere with our ability to perform our daily tasks, it is time to ask for help. Often talking to a friend, counselor or clergy person will help us find a solution, or a way of coping with our problem.

Other reasons for nervousness may be related to medical conditions, such as:

* withdrawal from alcohol or drugs,

* overuse of caffeine or other stimulants,

* medication side effects,

* medical conditions such as seizures, stroke, or thyroid or hormone imbalances, and* psychiatric conditions such as anxiety disorders.

Seek help if your nervousness is causing:

* Changes in your sleeping, eating, grooming or exercise habits.

* A hard time sustaining your relationships.

* Difficulty on the job.

Don't suffer. Get help. Medication, counseling and/or, medical treatment can make a difference.

Thanks,

Josephine

Edited by Josephine
Link to comment
Share on other sites

  • HadIt.com Elder

Josephine:

The answer would be yes to your question. Nervousness and the other stuff in your records should win your case.

Good Luck

Veterans deserve real choice for their health care.

Link to comment
Share on other sites

That was very inspiring! I got it right too, darnit! :blink:

At least I can kinda understand why they missed the word drusen. I laid it all out for them and they still didn't get it. I gave them every document I could find on the internet linking the infection and the arthritis. But I'm not a doctor so there ya go.

This is one of my local vets.

I got him awarded about two years ago-

mega retro-----long time case------

His rep brought him to my home. I had limited info but had managed to access this BVA case and fortunately it was his because he forgot to bring all of his stuff-

http://www.va.gov/vetapp00/files3/0029422.txt

This was for SC of diabetes but not AO diabetes.

The Nexus is in the BVA decision-

one single word that no one bothered to even look up to see what it meant.

I couldn't wait until they left to delve into this word and what it meant-a few hours later ---

it meant service connection!

I will buy the VBM for the very first person here who posts that they have found the nexus word.

My point is that even with his SMRs the veteran himself nor his rep nor his attorneys at CAVC even read the SMRs carefully or used a medical dictionary to understand them.

Link to comment
Share on other sites

Josephine -

I certainly would think so.

Diagnostic Criteria - Generalized Anxiety Disorder

Excessive anxiety and worry (apprehensive expectation), occurring more days than not for at least 6 months, about a number of events or activities (such as work or school performance).

The person finds it difficult to control the worry.

The anxiety and worry are associated with three (or more) of the following six symptoms (with at least some symptoms present for more days than not for the past 6 months).

Note: Only one item is required in children.

restlessness or feeling keyed up or on edge

being easily fatigued

difficulty concentrating or mind going blank

irritability

muscle tension

sleep disturbance (difficulty falling or staying asleep, or restless unsatisfying sleep)

I don't recall -- how long ago were you in the service?

I was thinking it was sometime back.

If your diagnosis is anxiety disorder NOW -- and you had nervousness listed in your SMR's back THEN (depending on when "back then" was) -- connecting the dots may even be easier.

Personally, I like to use government documents as much as possible - or actual medical journals, rather than basic lay person internet sites, as sources to back my arguments (as they are considered more credible and harder to debate). But the basic sites are a good starting point.

I ran across this:

http://anxiety-panic.com/dictionary/en-dictn.htm

Nerves - see nervous illness or neuron.

Nervous - the feeling of anxiety, or regarding the nervous system as studied in neurology.

Nervous Breakdown - a dated term referring to anxiety disorders that notably affect functionality.

Nervous Disease - a dated term for an anxiety disorder.

Nervous Exhaustion - a dated term referring to anxiety disorders which seemed a product of stress.

Nervous Heart - a dated term for an anxiety disorder.

Nervous Illness - a dated term for an anxiety disorder.

Nervous Storm - a dated term for a panic attack.

Lightbulb time. Though I wouldn't use this source as THE source with the VA -- what clicked for me was that - Yes... You didn't used to hear of people having "Anxiety." Quite some time back the SAME condition was called a "Nervous condition." People had "Nervous breakdowns." They were put on medicine for their NERVES.

So -- depending on how far back your SMR's were -- Nervous WAS the term they USED for the disorders they now use the term anxiety for.

So rather than just trying to connect today's use of "nervous" with today's use of anxiety -- you could possibly build a case that they are one and the same CONDITION -- and it was the TERM USED that changed over time.

Just a thought,

Free

Berta or Anyone,

Is Nervousness in your SMR Psychaitric Records a nexus to Anxiety ? Is this a KEY WORD?

Nervousness is an emotional reaction to all sorts of stresses, good or bad. A person may complain of being high-strung or jumpy. Feelings of nervousness can include:

* sweaty hands, dry mouth and rapid heartbeat,

* lack of concentration,

* muscle pains in the neck or back,

* restlessness and agitation,

* frequent need to use the bathroom for either diarrhea or urination, and

* an upset, jittery stomach.

All of us have been nervous, especially when we are anxious or afraid of new situations. It may be related to concerns about a relationship, job pressure, or a parenting issue. It usually resolves on its own. If it begins to interfere with our ability to perform our daily tasks, it is time to ask for help. Often talking to a friend, counselor or clergy person will help us find a solution, or a way of coping with our problem.

Other reasons for nervousness may be related to medical conditions, such as:

* withdrawal from alcohol or drugs,

* overuse of caffeine or other stimulants,

* medication side effects,

* medical conditions such as seizures, stroke, or thyroid or hormone imbalances, and* psychiatric conditions such as anxiety disorders.

Seek help if your nervousness is causing:

* Changes in your sleeping, eating, grooming or exercise habits.

* A hard time sustaining your relationships.

* Difficulty on the job.

Don't suffer. Get help. Medication, counseling and/or, medical treatment can make a difference.

Thanks,

Josephine

Think Outside the Box!
Link to comment
Share on other sites

  • HadIt.com Elder

Free,

Thanks so much. I really appreiate your time to help me.

It took me some time to wise up and let the VA know that the terminology has changed not the illness.

My discharge was in 1964 and as you said, there was no such use of the word" Anxiety".

I typed up my enlistment physical for the VA and the term used them was " Nervousness of any sort" and " been insane".

I answered "No" to each of those questions.

Only after being in the military for a year did I know what these words meant and knew what they felt like.

With the two claims filing in 1978 and 2002, I never onced used the word" Anxiety". Only the VA has changed this word from " Nervousness" to " Anxiety" to " Acquired Psychiatric Disorder".

Dr. Joxxxx, Board Certiied Psychiatrist, U.S. Navy March 12, 1964, state that I was in consulation for " Nervousness", " Headaches" and " Irritability". Staff member dis-satisfied with " Working Conditons" and " Living in the barracks".

Dr. Mxxxxe Board Certified Psychiatrist for U. S Navy - March 24, 1964. States Staff member in consulation for symtoms of the same and makes note of the consultation with " Dr. Jxxxs". Recommeds dischage by reasons of " Unsuitability".

( Dr. Muzzzz) VAMC states " HE IS NOT TELLING THE VA ANYTHING THAT THEY DON'T ALREADY KNOW". Anxiety no otherwise Specified with Depression. " More Likely than not her Anxiety with Depression began in service".

The Board of Two Psychiatrist at the VAMC in their write up left out the key words " NERVOUSNESS".

I have brought this to the attention of The Appeals Management Center.

They state that I was in consulation with Dr. Jxxxxx and Dr Mxxxxx for " HEADACHES".

I hope to soon receive an answer from the Apeals Management Center. If I receive a denial, I will continue this claim with a lawyer.

Eventually, I am going to the License Board for the lies in the C&P by the Board of Two at the VAMC.

Thanks a bunch,

Josephine

Edited by Josephine
Link to comment
Share on other sites

Guest
This topic is now closed to further replies.


  • Tell a friend

    Love HadIt.com’s VA Disability Community Vets helping Vets since 1997? Tell a friend!
  • Recent Achievements

    • Lebro earned a badge
      Week One Done
    • spazbototto earned a badge
      Week One Done
    • Paul Gretza earned a badge
      Week One Done
    • Troy Spurlock went up a rank
      Community Regular
    • KMac1181 earned a badge
      Week One Done
  • Our picks

    • These decisions have made a big impact on how VA disability claims are handled, giving veterans more chances to get benefits and clearing up important issues.

      Service Connection

      Frost v. Shulkin (2017)
      This case established that for secondary service connection claims, the primary service-connected disability does not need to be service-connected or diagnosed at the time the secondary condition is incurred 1. This allows veterans to potentially receive secondary service connection for conditions that developed before their primary condition was officially service-connected. 

      Saunders v. Wilkie (2018)
      The Federal Circuit ruled that pain alone, without an accompanying diagnosed condition, can constitute a disability for VA compensation purposes if it results in functional impairment 1. This overturned previous precedent that required an underlying pathology for pain to be considered a disability.

      Effective Dates

      Martinez v. McDonough (2023)
      This case dealt with the denial of an earlier effective date for a total disability rating based on individual unemployability (TDIU) 2. It addressed issues around the validity of appeal withdrawals and the consideration of cognitive impairment in such decisions.

      Rating Issues

      Continue Reading on HadIt.com
      • 0 replies
    • I met with a VSO today at my VA Hospital who was very knowledgeable and very helpful.  We decided I should submit a few new claims which we did.  He told me that he didn't need copies of my military records that showed my sick call notations related to any of the claims.  He said that the VA now has entire military medical record on file and would find the record(s) in their own file.  It seemed odd to me as my service dates back to  1981 and spans 34 years through my retirement in 2015.  It sure seemed to make more sense for me to give him copies of my military medical record pages that document the injuries as I'd already had them with me.  He didn't want my copies.  Anyone have any information on this.  Much thanks in advance.  
      • 4 replies
    • Caluza Triangle defines what is necessary for service connection
      Caluza Triangle – Caluza vs Brown defined what is necessary for service connection. See COVA– CALUZA V. BROWN–TOTAL RECALL

      This has to be MEDICALLY Documented in your records:

      Current Diagnosis.   (No diagnosis, no Service Connection.)

      In-Service Event or Aggravation.
      Nexus (link- cause and effect- connection) or Doctor’s Statement close to: “The Veteran’s (current diagnosis) is at least as likely due to x Event in military service”
      • 0 replies
    • Do the sct codes help or hurt my disability rating 
    • VA has gotten away with (mis) interpreting their  ambigious, , vague regulations, then enforcing them willy nilly never in Veterans favor.  

      They justify all this to congress by calling themselves a "pro claimant Veteran friendly organization" who grants the benefit of the doubt to Veterans.  

      This is not true, 

      Proof:  

          About 80-90 percent of Veterans are initially denied by VA, pushing us into a massive backlog of appeals, or worse, sending impoverished Veterans "to the homeless streets" because  when they cant work, they can not keep their home.  I was one of those Veterans who they denied for a bogus reason:  "Its been too long since military service".  This is bogus because its not one of the criteria for service connection, but simply made up by VA.  And, I was a homeless Vet, albeit a short time,  mostly due to the kindness of strangers and friends. 

          Hadit would not be necessary if, indeed, VA gave Veterans the benefit of the doubt, and processed our claims efficiently and paid us promptly.  The VA is broken. 

          A huge percentage (nearly 100 percent) of Veterans who do get 100 percent, do so only after lengthy appeals.  I have answered questions for thousands of Veterans, and can only name ONE person who got their benefits correct on the first Regional Office decision.  All of the rest of us pretty much had lengthy frustrating appeals, mostly having to appeal multiple multiple times like I did. 

          I wish I know how VA gets away with lying to congress about how "VA is a claimant friendly system, where the Veteran is given the benefit of the doubt".   Then how come so many Veterans are homeless, and how come 22 Veterans take their life each day?  Va likes to blame the Veterans, not their system.   
×
×
  • Create New...

Important Information

Guidelines and Terms of Use