Helping Doctor To Write A Nexus

[Capt.]

Hello All,

Ok,,,, I am going to get more IMO's from several doctors. I already have at least 3 . Most of the Hadit group know the importance of IMO's as well as myself. It is not illegal for a veteran to write an IMO for a doctor for him/her to sign as long as the doctor agrees with it and it is factual and supported by evidence/test. It is his or hers opinion. For the sake of helping me and others who will or are at some point going to get an IMO lets hear from some of you who have had success on the their SAMPLE type IMO that is PROVEN to work or has already succeeded in RO or BVA cases in the past. OR EVERYONE GET TOGETHER AND COME UP WITH A NEXUS THAT IS JUST GOING TO KNOCK THE VA OUT COLD WITH NO WIGGLE ROOM. Also the legal phraseology of the nexus with the ever important acceptable terms such as .....

1."is due to"= 100%

2."more likely than not"= greater than 50%

3."at least as likely as not"= equal or greater than 50%

WHICH ONE IS THE BEST to use for VA , RO, DRO, BVA, COVA, APPEALS.

I have used the bottom one but my IMO's have also said "AS least as likely as not" without the AT least as likely as not". Is this a legal problem and grounds for the VA to ignore IMO?

I believe this to be a great help to the Veterans and I am in the process of writing an Independent Medical Opinion (IMO) or in this case a Medical Opinion(MO) for my VA doctor and several more to sign , which they have agreed to...... I almost had heart failure when I asked and got a yes they would sign it , even when I said I would word it for them.......

OK HADIT family here it is ......plain and simple..... THE BIG GREEN LIGHT.....

SO Everyone can play this one ....what works and what is best? The Veteran writes the IMO/MO and the Doctor agrees to the wording and opinion and signs it.

Lets see what some sample letters that are indefenseable by the VA , should look like from some of the successful Vets here.

Any VA lawyers out there reading this..... PLEASE write a sample letter that will

win in the BVA / COVA Appeals process. Or for that matter even an initial decision.

Lets please try and keep this to the main points ....

Best legal phraseology of the 3 choices and why.

Sample IMOS from members here at Hadit that will propel the claim in a favorable ruling by the VA.

You can write one up that has not been submitted to the VA , so if everyone writes one we can glean and use bits and pieces and come up with one that will be great for Veterans wanting to get their IMO or even VA doctor to use.

This should be interesting and beneficial not just to me but to all Veterans.

Thanks again to our family here at Hadit.....

NEVER GIVE UP .....God Bless,,,,,,C.C.

[Berta]

All the medical opinions in the world will not prove your exposure to toxins.

"Therefore , the medical opinions provided have no probative value since exposure to the chemical during service is not shown by the evidence of record."

This decision is correct.

You must prove exposure to toxins and/or dioxin by identifying them and how your MOS put you into direct contact with them.

Have you contacted your CO or any buddies who can verify you were exposed to toxins in service and identify what those toxins were?

All they have to do is write a letter detailed as to say for example Carbon tech was used on the base for cleaning--whatever----during the time this veteran worked at the ---wherever-=--and I witnessed the use of this chemical during the performance of my own MOS which was ----whatever --- They should state they served with you and where same time frame. etc.

Edited October 24, 2008 by Berta

[Capt.]

Hello Berta, On proving exposure I have listed the change of mos to the Post Engineers , I supplied my Army certificates of achievment and training concerning Heavy Equipment operator. I have listed the known chemicals and agents being remediated by ADEC, USACORP Eng , and Environmental engineering Groups responsible for monitoring and cleaning of those areas , by site number and bldg number. I have buddy statements commenting on me operating. I have initial post med records showing URI's (6). I have worked directly with the chemicals mentioned at those locations listed. As you can read in the denial , those records are not open for discussion.....would this be because they still believe that my original mos could not have exposed me????? and this is why it is not probative. I can prove that I was an Heavy Equip Operator. I just got back from the leading expert in AO and he said my evidence is fine and all of my test and even 2 other Dr. opinions are fine . He says they are denying I did this....but he will have a nexus that will address this. He also said the VA must have buddy statements that do not say what the VA tells us to write on the document buddy statement..."I hereby certify that the the information I have given is to the best of my knowledge and belief"..... is no good.......... He says that your buddy statements must be done in a court reporter and given under oath.....so that they can be "proven up" ....This is not listed on any VA sites or given in their instructions...... He tells me that is all my claim lacks for AO PN service connected....ANY Thoughts here. My test results are prelimanary but they are talking about me having severe Peripheral Neuropathy and Brain problems with the nerve damage and that I have Dementia..... Have not studied that one ....any help or new claim needed as secondary . Dementia.... God BLess, C.C. Never Give up..

[Capt.]

Oh yes , I forgot to say that two Nexus discussed how the chemicals/toxins were exposed to the veteran. So I do not know what I need to do ..Berta.....this thing seems to be one vet is in the other is out with the same evidence. God Bless, C.C. Don't ever give up.

[Berta]

All a buddy statement has to be is a statement that details the buddy's ability to verify you were exposed to toxins.They should indentify the toxins and then state what their MOS was and how they were at same time, same place due to their own duties to have an eye witness account that you were exposed.

I suggest buddy statements be notarized but they really dont have to be. The buddy should give their phone number and other contact info in case the VA calls them.

I have read many many buddy statements and even helped vets to get them -some buddy statements-as the BVA web site shows- are rejected by VA for good cause and many helped to award the claim.

I have never seen in over 10 years any reg at all that says a buddy statement somehow requires a court reporter etc-

The VA will check the buddy statement carefully-they may or may not contact the buddy- details and dates are needed-a buddy statement is an eyewitness account.

[Capt.]

Hello Berta, I agree with you as it certainly is no listed on the VA as other than what you and I have said and this is what I have used. Also the VA denies I operated heavy equipment even with the Army certificates and I already have 2 buddy statements saying that I operated heavy equipement. Add the VA refusal to discuss any soil , underground water test or any environmental impact test ...quote " these documents are not open for discussion", and literally the VA is being ILLEGAL and not following the CFR's or MI's. The Doctor I went to see last week who is the leading expert in the chemical exposure arena said he could not see anything wrong with my claim ,,,,but the buddy statements. I have done everything by the book so to speak. Exposure has already been discussed by the Doctors nexus. Berta this thing is so crazy its as if I am in a different VA country than you and everyone else. Don't worry I am not quitting ....... God Bless, C.C. Never give up.

[halos2]

All this info is so beneficial and valuable for all vets to utalize. Thanks to all!

Edited December 16, 2008 by halos2