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[RSG]

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Edited March 1, 2008 by RSG

[Ricky]

I hate to jump in late in the game here. Berta provided an excellent definition of a nexus - it is the what happened requirement - not the diagnosis, not the continued treatement after the diagnosis, not a paper trail etc....

When a doctor provides an at least as likely as not statement providing that your current disability has a 50/50 chance of being caused by your in-service "what happened" this is an "association" of your current disability to your in-service nexus. His statement is not the nexus. If this nexus was not provided and the VA can not find/verify it in the service records then the doctor's statement associating your current disability to that nexus will be discounted. Reason for this is there is no nexus (what happened) in you service records therefore, the doc is basing his association solely on lay testimony provided to him by the veteran.

RSG - just do away with the term "nexus". Concentrate on what happened to you in service. You do not go to bed all happy one night and the next morning wake up with depression. Something happened to you to cause you to become depressed. What was that? The what happened is what VA is looking for.

Examples:

Did the veterans wife leave him?

Did the drill Sgt scare the veteran to death?

Did a bunch of people pick on (or conduct criminal activity against) the veteran and put him/her in a unsafe environment?

Did he go into battle?

Or was it that the military life with its fear and control etc....cause him/her to be depressed?

If the VA is asking for a nexus then this is what they are looking for -WHAT HAPPENED TO CAUSE YOUR DISABILITY.

Once you can point to that then the paper trail of treatment, continued syptoms, effects on life etc..... come into play

Your letter should focus on what happend in service to make you depressed and then where that event is documented in you service records. If it was just a general cause such as "being in a military enviornment" then you need to point to the service records that provide you went to the doc and told him this and he agreed and diagnosed you with depression which was not due to any other event in your life prior to entering the military. Hope this helps - I wish you luck with your claim.

Edited March 2, 2008 by Ricky

[rentalguy1]

Ricky...the "what happened" is what is also known as the "in-service event." There are three things that are needed in a VA claim:

1. A current disability.

2. An in-service event (what happened)

3. A nexus linking #1 to #2.

All three are very important. The nexus usually has to prove chronicity (38 CFR 3.309, I believe), if the disability appeared outside of the presumptive period.

[john999]

What I don't get is that RSG was in hospital for depression in the Navy. He was discharged and applied for a disability claim within one year of discharge. Normally that is enough to show in-service event and nexus. That is what I did myself. I was discharged and applied within one year of discharge and got 10%. For instance, if you have a heart attack in service you don't have to prove it was caused by some unusual event. It is service connected. Half the career guys have SC for HBP and all sorts of things that come along. It should have been SC'ed back in 1969.

RSG

Did you appeal the initial denial to the BVA?

[Berta]

John -tht is exactly why I asked the veteran about his nexus-

actually here it is and I found his BVA decision but will not reveal it as he doesnt want it made public-

"precipitating stress: routine military service"

The vet says this was on his Discharge certificate-

regardless of inservice hospitalizations etc-

the Discharge Cert clear says

cause of stress: routine military service-

Precipitating means cause of.

An inservice event has to raise to the level of a nexus that is acceptable to the VA.

Stress from routine military service doesnt fit the bill.

Hell if it did I bet you would all have stress ,anxiety or depression nexus to your service.

Often the BVA denies claims like this by acknowledging the rigors of military service.

I am sure it is no picnic-

Nevertheless the VA does not pay for stress from "routine military service".

Edited March 2, 2008 by Berta

[rentalguy1]

They denied because he told a PEB that he had seen a psych once prior to entering the service. I'm pretty sure we can get this one granted with a properly written IMO.

[rentalguy1]

OK...Ron has sent me everything he has regarding this claim, and it is the usual "find anything we can to deny" VA crapola. The VARO denied based on statements that were made under the influence of 400mg of Thorazine (usual dosage is 30mg to 75 mg) during a mental status exam. Moreover, the exam wasn't signed by anyone, therefore it's credibility is subjective, at best. He had four IMO's from various dr's, but none included a review of his medical records. So they chose the one which did state a review of the medical records; the C&P. VA scapegoating, pure and simple.

He have obtained new IMO's containing the correct language to submit as "new and material" evidence so that they can reopen his claim. Wish us luck on this one.