Received DAV letter of representation for upcoming NOD hearing!

[Navy4life]

Okay so I received this letter DAV letter_Redacted.pdf and I am questioning myself as to whether or not to use them?  I hired a DAV rep in 2013 when I lived in DC but I haven't spoken to any DAV rep in over 1-1/2 years.  The WACO DAV knows NOTHING about my NOD.  We were just talking about this in another thread about releasing your POA.

Is it wise to go without a DAV rep?  I think I am my own best advocate and I am a bit worried he/she will not know anything about my NOD.

Thoughts?

[FormerMember]

Denials for claims are based on evidence of record (EOR)-i.e. the evidence against is more prolific than the evidence for. If some of the evidence was never made available to the original rater, it is imperative that you "re-present" it to the DRO. Think of it like baking cookies. You prepare the claim history in a nice, short summary and timeline. Make one for the DR Officer too. Make copies of the STRS from service documenting the injury.  Show him what evidence supports your contentions. Tell him that it is apparent that the rater could not have considered the evidence in question and still come to that conclusion. Look over the denial in the EVIDENCE CONSIDERED section. Is that important document listed? If it is and it isn't a salient part of what they looked at, this may be the winner. Just like cookies, you need all the ingredients present. Do not make the mistake of thinking he won't notice if you substitute baking soda for baking powder. He will. Don't try to impress yourself with your own evidence. You have to convince him, not yourself. If the the nexus doctor said it "probably" was from falling out of a perfectly good airplane with a silk balloon to support you too many times, you'll lose. Probably also connotes probably not. It has to be unequivocal as in "more likely than less likely". I can't count the number of Vets who arrive for help and say "Don't worry. I have the nexus covered." If it says might, could have, possibly, or it's just like what happened to my Uncle Clyde, you are not going to win. Sadly, our new DBQs do not have a box for the nexus. Coincidence?

Conversely, if Waco is dead set against granting it, you'll get the bum's rush regardless. We see that a lot in Hep C claims with a jetgun as the risk factor. Regional Offices simply are not allowed to adjudicate these. Every one goes up to the BVA. If you have a red hot nexus with proof your gastrodoc saw the c-files and the contemporary STRs, you win. It just won't happen at the local puzzle palace, unfortunately.

This phenomenon is beginning to dissipate but the backlog forced VA into their new "develop to deny" game and the practice of shoveling the backlog up to the BVA to reach the magic 125-day/98% accuracy. They missed the deadline of Dec. 31,2015 with 80,000 still on the books and the same abysmal 45% accuracy they are renowned for. 

[Navy4life]

Asknod;

Is this a good letter to help with my current FDC claim for L ankle increase, s/c for right foot secondary to L ankle, and my 100% temporary convalescence?

doctor letter_Redacted.pdf

[FormerMember]

The document looks great but the doctor has not made the most important statement that s/he reviewed the contemporary records from the c-file pertinent to your time in service and it is his considered opinion that the injury is related to, or secondary to, the one in service.

A nexus letter should state that the doctor/ARPN reviewed your service medical records and, based in part or in whole on them, that his opinion is thus and so. VA can beat this in a New York minute at the RO and the BVA with the simple rationale that because the VA examiner was privvy to the c-file, and indeed reviewed it, that his/her nexus opinion is far more probative with regards to a denial because they had that very access to the records. If you can, beat feet back to the VAMC and ask the doctor to take a gander at your contemporary military medical file and to state that he has done so in a new or revised nexus. If you cannot, hold off until you have it or you will be wrecking a perfectly good nexus letter or worse- giving them the ammo to do so.

A nexus is a very valuable tool to a win but only if it is sharpened properly. Arriving with a defective one allows the VA examiner to simply build the denial around the failure to review the contemporary facts surrounding the original injury in service. It goes back to "history" you present to the doctor unsubstantiated by facts (the c-file). I think its in the FRE about 803 on probative evidence. I'd have to look it up and it's late. It'll give you something to do. Remember, this is DIY and I'm not a VA agent...yet.

[Navy4life]

Asknod;

I appreciate your DIY assistance!  I wanted to further say that the letter I attached above for your review is NOT for my NOD Review Hearing.  Its for my FDC claim.  My L ankle is already S/C, this letter is to help me get my R foot S/C secondary to my L ankle.  The doctor that wrote the letter is my VA Podiatrist and has been ever since I was S/C with the VA back in 2014.  Do you think the letter is good for that?

I am going to also ask my Podiatrist, based on your DIY advice :) above, if he will write me a Nexus Letter for my upcoming NOD Review Hearing.

Truly appreciate all the help from Had.it's members!

[Buck52]

Example of a Nexus Letter DATE ____________ Reference: (Veteran's name) ____________ SS# ____________________         VA File #____________________ To Whom It May Concern, I am Dr. ____________. I am board certified to practice in my specialty. My credentials are included. I have been asked to write a statement in support of the afore mentioned veterans claim. I have personally reviewed his medical history. (Name the Documents) I have also reviewed and have noted the circumstances and events of his military service in the years ____________ (Event or Events claimed as the cause of the condition) while he served during his military service. (List dates of service) Mr. ___________ is a patient under my care since (enter Date). His diagnosis is _____________ (Name the Condition). I am familiar with his history and have examined Mr.____________ often while he has been under my care. (Specify Lab Work, X-rays, Etc.) Mr.____________ has no other known risk factors that may have precipitated his current condition. After a review of the pertinent records it is my professional opinion that it is at least as likely as not that Mr. ____________'s condition is a direct result of his (Event) as due to his military service. (Choose the degree of likelihood with which you can concur - "at least as likely as not", "more than likely", or "highly likely") In my personal experience and in the medical literature it is known (Give a rationale). Signed, Dr. ____________ (List credentials and contact information) Please understand that the VA often uses credentials to assign probative value to the nexus letter. While the nexus letter must be brief as possible it should be as detailed and complete as the circumstances dictate.

[Buck52]

Just always remember it comes down to your creditable medical records (history of evidence)  private or VA and how the Dr Words your nexus, Basically  Medical Evidence is our only defence & catch the VA in error. 

How do we make sure they even read all of our evidence or over look the evidence? DRO Hearing is your perfect chance to do that. Also you can look the DRO face to Face and present your evidence and what ever you need to tell him/her.

I believe all DRO Hearings are recorded and you will be sent a transcript of everything that was said on record  formal or informal.

I will say attitude plays a big part at your Hearing.

Some veteran will disagree about having a DRO Hearing but my guess is they didn't win at that level and had to appeal to the higher courts   which in turn takes a lot more time to Adjudicate the claim.

Go in with a good attitude and good evidence and you will prevail

Would I feel this way if my DRO Hearing turned into a deny?   Probably so.

We do need some guidance/knowledge along the way and we take that guidance/knowledge  and use it!

 

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