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[RSG]

Deleted

Edited March 1, 2008 by RSG

[cowgirl]

Berta, trust me you did very well explaining nexus, to me even. I just probably cant explain it back as well. I didnt mean to stress you of all wonderful people here, yikes. Maybe I just tried too hard, my bad. Back to work on myself, am sure my family will appreciate it, the weekends nearly here, God Bless, cg

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.

[rentalguy1]

A nexus for a physical malady is easy to provide. Example:

A vet has people hold him down and jump on his back, which causes a spine injury. The vet goes to the TMC for treatment. The vet continues to have back trouble and files a VA claim after ETS.

1. Current condition: Back pain

2. In service event: guys hold him down and jump on his back

3. Nexus: the medical paper trail from the vet's treatment.

Another example:

A OIF vet served in Mosul in 2006. During a convoy, his HUMVEE was hit by an IED. The vet recieved minor wounds, for which he received the Purple Heart. During this event, his buddy, whom the vet had served with for the last three years was KIA. The vet develops PTSD from the event.

1. Current condition: PTSD

2. In service event: his HUMVEE was hit by an IED

3. Nexus: the Purple Heart Citation, medical treatment records from wounds received, buddy letters from others that witnessed the IED explosion, and the after-action report of the incident.

Moreover, VA tells each vet what must be shown for the award of each claim both in the VCAA letter that precedes the rating activity, and in the SOC which follows the rating activity. If you want me to look at your SOC you can email it to me. If I can help you determine what went wrong and where you need to go from here, I will.

[stillhere]

Bear in mind I am only trying to help. I just had a meeting with my VSO and he gave me a sheet that has a pretty good (I guess) definiton of nexus:

Medical Nexus Opinion Letter\\

Cite service medical records,any rating decisions from the VA and/or statements from individuals.

AND

The VA may consider your issue if you send in scientific or medical evidence showing that your claimed condition is medically associated with service.

If your doctor has expressed an opinion regarding the relationship of your claimed condition, send the VA that opinion, the reasons and basis for that opinion, and the clinical treatment records.

In addition, the doctor should provide literature that supports the opinion. literature my consist of scientific or medical journal articles,etc,that support the doctors opinion of your currently diagnosed condition.

The doctor should use the following wording "at least as likely as not" but VA will usually also accept "probable", "likely", more than 50% certain, etc.; in other words, phrases that throw the balance more in favor of the claimant.

IN THE CASE OF A SECONDARY CONDTION:

A secondary condition is a direct result of the primary condition. This is important because mant doctors like to include terms such as "contributed to", "may have", or "possibly influenced" or similar phrases in their nexus statements: these thypes of statements are not sufficient to satisfy the "proximately due to" part of the regulation "is possible", "could have", "may have", etc. As with any nexus statement, the best wording is " at least as likely as not" but VA will usually also accept "probable", "likely", "more than 50% certain", etc; in other words , phrases that throw the balance in favor of the claimant.

I hope the above helps someone and Good luck with your claims.

Stillhere

Edited February 29, 2008 by stillhere

[john999]

RSG

That letter sound pretty good to me. You were hospitalized in the service. You have medidal records to prove it. Did you continue to get medical treatment for depression when you got out until the present time? Are you getting medical treatment at the VA now? If you can get a VA doctor to say that he believes your depression started in the service that would help. How long ago did you get out, and how long was it before you filed the claim?

[RSG]

Hello, John999,

In response, to hospital while in, Yes.

Medical records to prove it. Yes

I tried to get medical treatment, but failed, tried thru DAV to access Care by filing claims. For nervous condition starting in 1969. 3 or 4 times since.

Denied.

Med treatment now? Yes

I have provided that, its posted.

I got out in 1969

it was 1 month

RSG.

RSG

That letter sound pretty good to me. You were hospitalized in the service. You have medidal records to prove it. Did you continue to get medical treatment for depression when you got out until the present time? Are you getting medical treatment at the VA now? If you can get a VA doctor to say that he believes your depression started in the service that would help. How long ago did you get out, and how long was it before you filed the claim?

[Berta]

Cowgirl- No problem-

I just want to see every deserving veteran obtain the benefits that they are fully eligible for.