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Nexus Requirement?

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TALON II FE

Question

"The Nexus is not needed for initial claims filed directly after retirement correct? "

Not if your disability falls under the Chronic Presumptive list.

This is a difficult question to say yes or no to....what disability are you claiming?

I did not want to hijack someone else's thread, so I am starting a new one


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My official retirement date was 01 SEP 14. TVC (Texas Veterans Commission) filed my claim on 22 SEP 14. I have a HUGE laundry list of claimed disabilities, but all were pulled from the chronic list in my SMR's and many will be combined based off of system affected. Some, like high cholesterol, are there on TVCs recommendation. Several other things did not quite make it on this list. I had a rough ride, especially towards the end. My primary SMRs are between 1600-1700 pages but that does not include ALL my SMRs, since I was medevaced twice, once to Trippler for 3-4 weeks and once to Balboa for a few months and those records and imagery are separate. I had a hydraulic line rupture on my aircraft on the ground when a young marine tried to wedge her M-16 there and it created a cloud of atomized hydraulic fluid which I then inhaled copious amounts of MIL-H-7808 while trying to help our pax to egress. There is very little data on the effects of breathing hydro, mostly because that is not it's natural state. It has some of the same chemical properties as AO and pesticides from what I have been able to gather. I had nasal polyps so bad that I could not clear my ears in less than a year. I was offered a medical retirement at 40% (now down to 30% since rewrite) but chose to have surgery and took a waiver (only the 23rd one granted for an aviator with nasal polyps in the history of the air force) so I could move to SOF and finish my goals for my career. Since then, I did more damage to myself as well as requiring the excision of most of my sinus cavities in a 4-5 hour surgery. I deal with a LOT of neurological issues and circulatory problems every day and pain is my "closest buddy".

Edited by TALON II FE
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Also, the fibromyalgia should never have been on there. We were talking about it at the time, but I have no diagnosis for that at all. I let the C&P Doc know that it was an error. The C&P Doc also added tinnitus on her own, it was one that was left off because of some other bad advice from TVC. My C&P for general stuff lasted 9.5 hours with only a 10 minute break. She tried to send me home a few times bc she saw how much pain I was in (and she probably was ready to be done. it was a Friday) but I refused because who knows when I would get back in to finish. Also, they only took x rays, no CT or MRI and most of my issues are soft tissue. They did find Lordosis on them, but I think that is to be expected since I have a C4 thru C6 fusion.

Edited by TALON II FE
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TALON II FE,

Since your VA claim was filed only three weeks after your retirement, I do not think you will have a nexus problem for your claimed conditions. I would attempt to get the rest of your SMRs as further evidence of your current claimed conditions and possible future claimed conditions. The longer you wait to get your other SMRs, the more likely they could be lost and unavailable in the future.

I assume you have Tricare and availability to private healthcare. Your health problems sound serious and I would not trust my healthcare to the VA. You will find it much easier to get CTs and MRIs for your soft tissue issues in the private sector. Also, much easier to get timely appointments, especially with specialists. You may need CTs and/or MRIs as more evidence of your claimed soft tissue issues and you should get them as soon as you can. The sooner you get the CTs and MRIs after your retirement, the more weight they are likely to be given as evidence of any new conditions discovered during the CTs and MRIs existed during your military service.

If you have not already done so, try to obtain copies of any type of event reports related to your injuries or medical conditions incurred during your military service. These would be good evidence of your claimed conditions. Also, buddy reports/statements from your military coworkers, supervisors who witnessed your injuries in the military are also helpful. These could be helpful now and in the future if new medical conditions come up as you get older. Much easier to get this info now than years down the road. JMO

Good luck, good health and thank you for your years of service to our country.

GP

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GP,

Thanks for the advice, it all makes a lot of sense. I do have a ton of MRIs, over 20 EMGs (every single one has been abnormal) from the last 4 years, etc. as well as a waiver from AMC Surgeon General for my sinuses and another from the AFSOC Surgeon General for my wrist injury to clear me to fly UAVs once retaining a Flight Physical was out of the question. Those things are all in the SMRs I sent them. The waivers are very detailed about those specific injuries. I do have TriCare and an AD Doctor as of now, and I just received referrals to audiology (precursor to Meniere's Disease screening), GI and a psychiatrist for PTSD meds (which I really didn't want).

Once I have checked those boxes, I am supposed to go back to my Doc to get some other referrals. I go to Neurology every 3 months for injections, they just switched me to BoTox, but I was getting Corticosteroid on both sides at the base of my skull for about two years to try and control the Migraines and Occipital Nerve issues bilaterally. I can't get in to see my ENT Doc, it's been almost a year, and I refuse to see the "Vein Guy" again. They used laser ablation thru a catheter to destroy/ remove my Greater Saphenous Vein out of both thighs, about 2 months apart and it was a living hell for months and months afterward. I still deal with a lot of pain from it, but I guess my vessels in my legs are messed up from sitting in the aircraft for so long that now my blood wants to just go back and forth due to the valves in the vessels not working right anymore. By removing that vein, they are lessening how much blood goes to my legs and feet and I guess that's supposed to help. I do know that my feet always feel cold now and I get random painful cramping sensation in my calves and thighs. I was told they would need to do this procedure about once a year until...well, I guess until I die. The reality is that I would rather lose 5 years off my life then go thru that yearly for the rest of my life. Sometimes, I am learning, the treatment is just not worth it. Hell, I know more about my conditions than most of the Docs I meet!

I have been in Prep for decision for over a month and I had my first bankruptcy hearing last week. I am just hoping that I can get them to reaffirm my house that I can't afford currently because of all of this. It feels like I was just caste adrift. Last week, I had to turn down an offer for me to do a relatively easy job that would have paid me $6K + a car + gas because I can't deal with it physically or mentally right now. I burned myself out getting to 20 years, fighting the whole way, I sure wish the VA would do their job for all of us. I understand that it can be a volume game and the claims with one or two issues are probably sliding in front, but what am I supposed to do in the meantime? The VA website suggests I borrow from friends and family; that is their solution for me. On December 17th, I submitted a Hardship to them and when I finally called the 800 # two weeks ago (I was trying to be patient) the lady I spoke with said they hadn't even looked at it and she would email them and I should hear back from them that day or the next; I never did. I guess I probably never will.

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I dont want to discourage anyone, but will offer my 2 cents anyway.

I do not recommend you claim 31 disabilities and here is why.

Veteran's need not self diagnose their own injuries. In fact, I think its in your best interest NOT to do so.

What if the doc says you dont have these maladies but diagnoses you with something else??

What some Vet's do is claim more general issues, and "let the doc be the doc and treat and diagnose it".

Yea you can claim PTSD, but what if your back pain causes you depression and you are denied PTSD? That's why you should claim a mental disorder to include PTSD and not rule out depression, bipolar, etc.

The same is true with the other issues. Sometimes, Vet's point to a "body part that hurts"..maybe your right arm. This should cover things like fibromyalgia, arthritis, joint pain, and the like. As I said, what if the doc diagnoses you with something else than what you claimed? You are gonna have an issue and that probably means a denial and a very long time to appeal, or you may even have to start over with applying for your "new" diagnosis. But, if you point to your right arm and apply for "pain and reduced motion in the right arm", then that can cover lots of things that your doctor will diagnose. Sure, maybe a doc has already diagnosed you..but what if the C and P doctor disputes your diagnosis and says its something else instead? Do you want a 5 year delay (or more) on your claim because the doc diagnoses you with something OTHER than what is on your list?

Another example is you wanted to apply for C5 and C6. What if the doc says your herniated disk is c4 c5, or something else? I would tell them I have back pain that may be a herniated disk, but you are not a doctor so you are not sure.

My wife, who is a nurse, says I have "just enough medical knowledge to be dangerous". You are better off not coming off as a medical expert, unless, you are indeed a physician.

Remember this, also. Veterans are compensated based on symptoms, not diseases, or even an in service injury. If you have an in service injury to your back, but it causes you no symptoms today, you are not gonna be compensated for the pain and suffering you had with your malady, that you no longer experience.

Lets try one example. Lets say you apply for compensation for arteriovenus malformation (CNS) right arm. Ok, so lets even say the c and p doc even agrees with that diagnosis. But, this has no symptoms..it does not cause blood clots, it does not cause pain etc. You wont get compensation for it.

Focus on disabilities that give you symptoms..not a laundry list of stuff.

Edited by broncovet
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