RSG Posted February 29, 2008 Share Posted February 29, 2008 (edited) Deleted Edited March 1, 2008 by RSG Link to comment Share on other sites More sharing options...
Berta Posted February 29, 2008 Share Posted February 29, 2008 Was this from Dr. Blake and listed in the SSOC? If so- for some reason they must have found it not persausive- I dont know what the SSOC fully states so I dont know why. Is this a Nexus? No. I explained nexus in a prior post. This letter would fully support that a nexus factor caused you to have depression. The fact it was a in-service Nexus has to be proven. If the VA did not provide a full medical rationale to reject this letter they should have stated why in the SSOC. Any strong IMO in the world is not the same thing as a proven nexus. It is just a statement from a professional that opines that -something in their opinion -happened that could have caused the disability. The 'something happened ' part is up to us to provide- with corroborating evidence. Example : A Thailand vet had an AO presumptive disability. DOD has never acknowledged we used AO in Thailand. The vet gave detailed account of his contact with the Hayes Dispenser. No vet would know that stuff without knowing what the Hayes was used for- (AO spraying) The Vet also got buddy statement from his CO or some Mil authority who served over his unit-that fully confirmed they sprayed AO on th perimeter with the Hayes and that this veteran was exposed to AO in Thailand. The vet was the first Thailand vet to win AO claim. I posted the claim here long ago. The veteran proved his Nexus-the actual link, etiology, cause, reason for him to have an AO disability. Are you repped by the DAV in Boise? And what advise are they giving to you as to this SSOC? 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 More sharing options...
RSG Posted February 29, 2008 Author Share Posted February 29, 2008 I guess I"m just not understanding any of this. I am talking to hoppy about it though. It must be over my head. i guess i'll just write this last letter and bag it. R Was this from Dr. Blake and listed in the SSOC? If so- for some reason they must have found it not persausive- I dont know what the SSOC fully states so I dont know why. Is this a Nexus? No. I explained nexus in a prior post. This letter would fully support that a nexus factor caused you to have depression. The fact it was a in-service Nexus has to be proven. If the VA did not provide a full medical rationale to reject this letter they should have stated why in the SSOC. Any strong IMO in the world is not the same thing as a proven nexus. It is just a statement from a professional that opines that -something in their opinion -happened that could have caused the disability. The 'something happened ' part is up to us to provide- with corroborating evidence. Example : A Thailand vet had an AO presumptive disability. DOD has never acknowledged we used AO in Thailand. The vet gave detailed account of his contact with the Hayes Dispenser. No vet would know that stuff without knowing what the Hayes was used for- (AO spraying) The Vet also got buddy statement from his CO or some Mil authority who served over his unit-that fully confirmed they sprayed AO on th perimeter with the Hayes and that this veteran was exposed to AO in Thailand. The vet was the first Thailand vet to win AO claim. I posted the claim here long ago. The veteran proved his Nexus-the actual link, etiology, cause, reason for him to have an AO disability. Are you repped by the DAV in Boise? And what advise are they giving to you as to this SSOC? Link to comment Share on other sites More sharing options...
RSG Posted February 29, 2008 Author Share Posted February 29, 2008 Was this from Dr. Blake and listed in the SSOC? Yes. I dont know what the SSOC fully states so I dont know why. This was submitted with the first SSOC I received from AMC. The fact it was a in-service Nexus has to be proven. I guess I need to know what I need to provide a nexus. I have provided my files to Dr. with descriptions of the "events". I am sorry, sometimes I just don't understand unless it's explained in detail what I need to do this. How do I prove the depression started in the service. There is no valid evidence that The AMC has that it pre-existed. I was never depressed as a child. I am really at a loss here. All the Amc wants now is a letter in my own words, posted this letter already. What do they want from me. How is my letter going to affect a decision. Do i need to quote CFR's that Apply to my claim in the letter, do i need to have a CfR that shows that anything that prior to enlistment, presumtive mental and physical well bieng, and can not be used in this decision. Will my c file show what they are basing this decision on, or will that be removed from my c-file, cause they think it will be a trigger? Then I can't answer or rebutt anything they say. If you want to look the first SSOC letter from AMC I will scan it and let you (ONLY) look at it. If that will help. I am just really confused now. R Link to comment Share on other sites More sharing options...
HadIt.com Elder cowgirl Posted February 29, 2008 HadIt.com Elder Share Posted February 29, 2008 (edited) The letter looks good, but I am not a rater, just another veteran. Has this letter been submitted yet? It seems credible but I defer to Berta regard her history and experience. I believe that the IMO is key to the nexus and is a part of how the VA sees the entire 'nexus' if you please. Say, if your SMRs show chronic history of the condition, if your current medical records show care for the 'same' condition and this letter SHOWS to the VA "a reasonable possibility that the disability you now have was caused by injury or disease which began or was made worse during military service.", then thats good. So it takes more than just one statement to create the nexus the VA needs, if I get it right. If not, someone here can correct me and usually will. All I know is that somehow the nexus statement must be very clear to fit the criteria required by the VA. Best to ya, cg Edited February 29, 2008 by cowgirl For my children, my God sent husband and my Hadit family of veterans, I carry on. God Bless A m e r i c a, Her Veterans and their Families! Link to comment Share on other sites More sharing options...
Berta Posted February 29, 2008 Share Posted February 29, 2008 Obviously I am not explaining this well -even to cowgirl. I have explained "nexus" to Josephine- ad finitum and still she does not understand it-so I just must be explaining it wrong.I have no other way after YEARS of helping claimants-to explain it- A Nexus is any event ,rape, accident, assault, gun shot wound,IED,traumatic acoustics, fall from something,any disability mental or physical, etc etc that happened IN service and is Proven - if not a presumptive condition it must be proven. The Proof might be in the SMRs or personel records from service -if not the veteran themself has to prove it happened. The BVA clearly makes this point in countless claims. Maybe if you read some BVA decisions this will be clearer. NVLSP calls this the "something happened" requirement. Most vets must prove 'what happened' that caused them to have a current disability. I have no idea of you are missing a nexus or proof of it- maybe someone here could read your decision and advise you further-I cant I am taking a few days off. 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 More sharing options...
luvHIM Posted February 29, 2008 Share Posted February 29, 2008 (edited) First let me say, I know the frustration of not fully understanding what the VA wants from you. But I have to agree with Berta. It is pretty clear cut with them. An IMO addressing statements you have made, which is what the physician basically states in the letter you presented, is NOT the same thing has him/her providing a NEXUS (or link between your current diagnosis and former [in-service] diagnosis [if there was one]). I've been off the board for a minute battling with pain issues and busy with a few other details involving my own claim. So, I am not familiar with anything you may have already posted. But if I can give you an example of a NEXUS it would look like this: vet is applying for entitlement for service connected PTSD. SMR's and military personnel records show that vet was treated on numerous occasions (to include hospitalization) and diagnosed with severe depression and "situational" anxiety disorder. Current medical diagnosis is PTSD due to the event that led to the "situational" anxiety disorder diagnosis described in service. The NEXUS in this case is the "situation" that occurred in service that ultimately brought on an anxiety disorder. It is well documented and referred to by the physician in his/her IMO (upon their own review of ALL the medical/personnel records), as being the onset of the current diagnosis, which is now described as PTSD. However, it (a Nexus) is not something based "solely" on what the veteran says to the treating physician. That is considered "hear say" without corroborating tangible (physical written) evidence to support the veteran's statement(s). Now I will state, as I always do, every VARO is different and most definitely so is every rating specialist. But we have to go by what is the norm rather than what is the exception in these claims processes. I do hope you are able to get the assistance from hoppy, as you mentioned, to better help with your claim. Best regards. Edited February 29, 2008 by luvHIM Link to comment Share on other sites More sharing options...
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