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Get your NEXUS, then you can pick your Lexis.

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broncovet

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Some Veterans advocates have pointed out that some Vets are going to the BVA with no NEXUS.  Dont let that be you.  No Nexus means no retro for a Lexis.  

The VA has 3 criteria for Service connection.  They wont budge on these:

1.  Current diagnosis.  No diagnosis = NO Service connection.  

2.  In service event or aggravation.

3.  Nexus, or link between 1 and 2.  The doc needs to say something very close to "the VEterans xx condition is at least as likely as not related to xx event while in military service".  

   If you dont have all 3 of these criteria, its highly unlikely you will get VA benefits for the claimed condtion.   DO NOT go to the BVA with a water pistol in a gunfight, and that is what you are doing without any of these three.  

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  • HadIt.com Elder

IF A VA MH PSYCHIATRIST reads a veterans medical records from past years, are they allowed to opine there opinion OR  to fill out a DBQ for the veteran as in his favor? or any type of favorable letter??? my spouse would love to have a RX 350 Luxis :)

 

.........Buck

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Buck

    Yes, and you can even ask him to do it.  Then, after a few days, go to your ROI office and read what he said.  If its favorable to you, then send that to VA.

Some docs are more "Veteran friendly" than others.   YOu can ask for another VA doc, too, if you are not satisfied with your VA doc.    Its your right.  

I have switched VA docs before.  The doc called me and asked me why I was switching.  I told her exactly why.  She said she was sorry, and will try harder to address my concerns if I give her another chance.  I said ok.  

     Then, if I needed something from the doc, I got it now.  No questions asked.  I think she was a foreigner, and had other Veterans complaints and she may have even been threatened with firing, if more Vets complain.   She practically begged me for another chance.  I realy think she would have been deported, had I insisted on another doc.  

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  • HadIt.com Elder

 OIC thanks broncovet,...I'll sure keep that in mind.

I'm not sure my Doc will help me? but I'm going to ask her she also is from another country Italy I think? she has that Italian accent.

I'm not sure were she from I have a hard time hearing her I have to tell her to speak up louder.

If the VA Dr's Won't try to help me or help me as in veteran friendly  so I can hopefully get my claim approved  SC  0 % at least.

I can't afford an IME/IMO Right now....so I have to really rely on the VA Doc's

but if I get denied...I'll probably be through with the VA, I fought with them years before I got my award like you bout 12 in all...and I told my self never again will I do this...but since the VA Diagnosed me with PTSD..I wanted to at least get it SC...it be nice if I could get a deffered to SMC's  but I need at least a 70% more in my rating.and that has to come from this diagnose.

I have had Dupuytrens   contraction  VA surgery  and my hand is still messed up from it  I thought I'd put in a claim for that although the Dupuytrens  Contraction is hereditary   its not a SC disability  but since they messed up my hand I can file a claim for that  don't know what I'll get  10% I think? but its worth a try.

Although Dupuytren's is in the CFR's as ratable...so go figure?

– Dupuytren’s contracture is a condition where the tissues beneath the skin of the palm of the hand thicken abnormally, causing the tissues to tighten and restrict the movement of the hand. It is rated under code 5223, the freezing of two fingers of one hand.

Right now I am rating 90% combined rating and getting paid the 100%  TDIU P&T  with no future exams scheduled  and  my disability is of nature and not expected to improve in m life time but the VA looks at my rating as 90% combined  so another 70% would qualify me for SMC.

Be nice if I could get it   sure would help out now that my spouse lost her job  and we were in the middle of her car being paid for and our Home HAVC Equipment went out last year  that was 12.000 we got both A/C AND Heat..she made those payments  but now  it takes all I got coming in from the TDIU to get all the Bills paid.so were getting by on  Love & penny's  :)

 you know that song Merle Haggard sings about We live on love and penny's

 ''today if our dream world finds and these hard times are gone  we'll laugh and count our blessings in a mansion all our own, if we both pull together tomorrows  sure to come and someday well look back and say  it was fun, we live on love and penny's and the day dreams outta sight  and I'm amazed the way you smile when things don't turn out right   and on on on.  :) we live on love and penny's~~~~~~~~

 

.............Buck

 

 

..............Buck

Edited by Buck52
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Some Veterans advocates have pointed out that some Vets are going to the BVA with no NEXUS.  Dont let that be you.  No Nexus means no retro for a Lexis.  

The VA has 3 criteria for Service connection.  They wont budge on these:

1.  Current diagnosis.  No diagnosis = NO Service connection.  

2.  In service event or aggravation.

3.  Nexus, or link between 1 and 2.  The doc needs to say something very close to "the VEterans xx condition is at least as likely as not related to xx event while in military service".  

   If you dont have all 3 of these criteria, its highly unlikely you will get VA benefits for the claimed condtion.   DO NOT go to the BVA with a water pistol in a gunfight, and that is what you are doing without any of these three.  

It's a great point and one that we should be making sure that we are properly educating veterans about when they are filing their claims initially. If I had known 3 years ago, what I know today, I would have had my Fully Developed Claim service connected in the first 125 days. Given the extremely low odds of getting a competent C&P exam that includes an opinion of service connection from these quack contracted examiners, I would have gotten my IMO done right away. 

When my claim was originally denied, if only I had understood what I was doing, I would have; sought my IMO; submitted it as new evidence; and re-opened the claim, rather than appealing. I would have gladly forgone the 3-4 months of back pay to have my claim reconsidered within another 125 days by re-opening the claim once again using the FDC process.

Edited by bluevet
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Per VA DBQ Reg, the VA Dr is supposed to complete your requested DBQ while your at the the office visit, give you a copy and Fax A copy to the VARO Rating Department. I've had (3) VA Dr's do exactly that.

Keep in mind, the VA DBQ Reg specifically addresses MH PTSD DBQs. Your treating Psychiatrist is supposed to hand off your request for a MH DBQ to another Psychiatrist that has no medical involvement with your treatment. Makes sense, a PTSD Vet could get "VERY" upset with the outcome of the DBQ. This could affect the Dr Patient relationship that has taken a long period of time to establish.

Did you ever file the claim for PTSD? Don't tell me your still waiting, if so, WHY.

Semper Fi

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  • HadIt.com Elder

Per VA DBQ Reg, the VA Dr is supposed to complete your requested DBQ while your at the the office visit, give you a copy and Fax A copy to the VARO Rating Department. I've had (3) VA Dr's do exactly that.

Keep in mind, the VA DBQ Reg specifically addresses MH PTSD DBQs. Your treating Psychiatrist is supposed to hand off your request for a MH DBQ to another Psychiatrist that has no medical involvement with your treatment. Makes sense, a PTSD Vet could get "VERY" upset with the outcome of the DBQ. This could affect the Dr Patient relationship that has taken a long period of time to establish.

Did you ever file the claim for PTSD? Don't tell me your still waiting, if so, WHY.

Semper Fi

Yes Gastone  I filed the calim.

question : bluevet/Gastone?

if I ask my VA  Phychiatrist to fill out a DBQ and ask if she will report that its least likely as not due from his prior Vietnam service this veteran reports

  but if another Psychiatrist  that has not seen me & fills out the DBQ will she read my Medical records from the VA MH  from my other MH docs? they are the ones that diagnose my condition as unspecific depressive disorder PTSD

I am seeing VA therapist at present was going once a week for 6 weeks now its every 2 weeks, I think they change that up because I have several VA Appointments with other conditions  and the appointments were conflict between the times, but the VA Notes from the therapist I don't think will help my claim to much  he just states basically  talks to me about and how to get better things to do or try to do.

I am on medication's for PTSD /Depression MMD & other conditions like swollen prostate and meds for pretentious anemia  and pain meds for arthritics in both knees  that I can't get SC.   HELL  I TAKE 20 MEDICATIONS everyday plus some otc, that may not be a lot to some veterans but its a lot to me.

I notice the MH notes  when they listed my PTSD /Depression ect,,ect,,,  they also listed all my other conditions too? the ones I have never filed a claim on because I don't think they would be SC Related.

 

I can't afford to go get a private IMO..bad as I may need to we just don't have the $$$,  got to much going out now with what I got coming in  with iu and my relatives are  in bad finical shape as well so can't ask my favorite uncle for a loan.

 

so I am trying to get all the medical evidence I can and opinions from the VA Doc  bad as I hate to say it  I got to rely on them to help me

 

Thanks Guys

 

......................Buck

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