Confussed On What To Do About Nexus

[JohnM]

John goes to DR. Primary (IMO) this afternoon. I have written down all of John's medical Problems and asked his opinion if he feels or presumed that some would be service aggravated ( Especially his back because of Spina Bifida Occulta ). I have done a lot a research on this. Only one person has won their case, But that was because he complained about pain from day one that he was in service. John never complained , even after falling off the Choppers twice, so we now this will most likely be denied. I have printed some documents out that state back problems may be caused from Spina Bifida Occulta. We will be taking these documents to the Dr. office to support his claim But do we take them to SO also? Will these printed documents off the web site help? Also in my opinion they passed him on his physical with two birth defects which was not detected until now( but is Spina Bifida Occulta a birth defect) so he was not in fit condition when enlisted.

If the Dr. writes his opinion is that what you call a nexus. This is our primary Dr. John has seen a spine specialist who did Johns back surgery. He's a busy man and I am affraid to ask him to write a nexus. Mainly

because everyone says that Spina Bifida Occulta doesn't cause any problems so I'm not sure what he will say.

On Wed. we go to the SO, I'm sure I will not have the Dr.'s report by then so would that mean that everything would be denied and then we have to appeal Or once we get the report we can hand it to the SO

Just need some opinion and I do Thank everyone on Hadit for their Help Because I am sure new at this and do not understand a great deal.

[Vike17]

JohnM,

"I have printed some documents out that state back problems may be caused from Spina Bifida Occulta. We will be taking these documents to the Dr. office to support his claim But do we take them to SO also? Will these printed documents off the web site help"

You can bring those documents to your SO and send them to the VA, but they are of little value to them. They would be more value to your doctor and his IMO. He could use those documents as rational for his opinion. You might want to see if those internet documents are peer reviewed, then they would even carry more weight in your doctors opinion as oposed to general stuff. The documents in itself to the VA is pretty much useless. They need that IMO from your doctor stating that HIS condition was the result of such and such event.occurance ect... Those documents just refer to the general population so to speak, and doesn't pertain to your husbands situation!

"Also in my opinion they passed him on his physical with two birth defects which was not detected until now( but is Spina Bifida Occulta a birth defect) so he was not in fit condition when enlisted"

Yes, Spina Bifida Occulta is a birth defect! When the Military examined him on enlistment and they did not note anything on his enlistment exam, then he was considered 100% fit, regardkess of any birth defects. Like I said in my previous post to you, If the military aggravated any pre-existing condition, then that is also considered service-connected, and VA will rate that condition according to the difference in disability from the time of enlistment (if any) to the time of discharge.

"If the Dr. writes his opinion is that what you call a nexus"

If he so states that in his IMO.

"On Wed. we go to the SO, I'm sure I will not have the Dr.'s report by then so would that mean that everything would be denied and then we have to appeal Or once we get the report we can hand it to the SO"

No, if you just filed the claim and have received the VA's "Duty to Assist" letter, you still have one year from the date of that letter to perserve the effective date and submit any additional evidence. However, the VA can, after 60 days from that letter, decide your claim with the evidence of record, but you still have that one year time frame to submit evidence.

Hope this helps!

Vike 17

[JohnM]

Went to the Dr. yesterday I was shocked that he really did not no anything about VA. He said he would write a letter but he is saying everything is due to age and wear and tear. I tried to explain to him about DMII/PN and agent orange but he doesn't understand. Matter of fact we were his first to ask for help. What do we do now because he letter ( nexus ) will probably not help. and as for John's back well there again wear and tear and no medical proof that he fell off the choppers. as for his catracts he's having surgery in Sept and doc said again that's from age ( He's only 57 ). The PN is in both feet now, with his vertigo, loss of balance I'm starting to get scared that he will not get any help. As far as PTSD that has never been discussed just that he takes Zoloft (50MG a day). Can we ask the VA to give him a physical?

He lost his job back in Nov.2005 due to his back and he got SSD without fighting for it. Will that help for getting VA compensation. A lot of John's problems are just coming to light this year and of course the only thing he can really say is that he was in Nam (2x) and he does have medals listed on DD214's

Thanks

[foreveryoung]

If the Dr. writes his opinion is that what you call a nexus.

Nexus is a way to show a condition is connected to service.

Who is suppling the Zoloft? Maybe you can receive a statement from them.

As far a your Dr. appointment yesterday, I'd get another opinion and another etc.

Good Luck.

[john999]

JohnM

Quit a few docs at the VA do not understand the nexus between AO exposure and DMII and PN. I found this out by asking my primary and she did not even know this connection between AO and DMII. I have "Exposure to AO" as one of my problems under the "problem list" in my exam records. Even though the DMII is presumptive you still may end up fight to get the PN service connected. I fought for two years to get it all SC'ed. Also, be sure John gets annual eye exams for complications of the DMII.

[Berta]

For incountry-one foot on ground Vietnam vets- DMII is presumptive and all of its complications can be awarded as secondary-

The only 'nexus' needed on the DMII and Pn claim is his DD 214 showing he served in Nam.

For PTSD- this too should be in the claim-

and yes- who is giving him meds-that appear to be for an anxiety disorder (which PTSD is)

Do you have copies of all of his VA med recs?

I suggest that you go to the VA web site- and get the regs on Agent Orange -or at 38 CFR.

Maybe when the doc realises that DMII is presumptive in Vietnam vets he will change his tune-

One cannot expect a civilian doctor to know all this-

I see the DMII claim as his strongest at this point as well as a PTSD claim, supported by proof of inservice stressor or combat awards and.or combat MOS on his DD 214.

The DD 214 could even be inaccurate as to his decorations and awards and he can get a DD 215 by filing out a DD 149-

All of these forms are at hadit.

What does he get SSA for?

If it is for DMII in part -tell the VA- and he should file a TDIU form- VA form 21-8940 for the 100% rate.

The DMII ,PN, and PTSD are, in my opinion, strong claims- the spinal occulta claim- that will be more difficult in my opinion than the DMII with complications and a PTSD claim. Yet claim them all because you can work on the spinal occulta claim as they work on the stronger claims.

Add anything like visual problems, vertigo, ED, anything he has as found within the VA DMII training letter-there are many many complications of DMII and it can affect just about every body part,skin, teeth, eyes, heart , brain etc. Tell the VA he believes this is all due to his DMII.

I disagree with whoever said the doc's opinion is a nexus-

it can help establish and support a nexus-

a nexus is a link to service-

Only if a doctor served side by side with a vet or treated him in the field is a doctor's opinion really a nexus-

in most cases.

If a doc opinion supports something in the SMRs, it is the info in the SMRs that is the nexus.