Service Nexus

[jfrei]

Is there a specific form for that is called a nexus? Is being put on Light duty after one year after my accident and back then being put on full duty by a Medical Board in the military diagnosis was cognitive TBI?

Edited February 17, 2016 by jfrei

[jfrei]

Yes I went through about 6 months of physical therapy, speech therapy, and occupational therapy before allowing me on light duty to go back to work. I also had to live on base again so I was able to get rides from my fellow marines to and from the head doctors until my memory was livable and deployable but that wasn't until almost 2 years after my accident. I was then diagnosed with Alcohol dependence in 2007 and went to in house rehab 2007. I had everything all back together for what I thought until I deployed I don't know if it was the stress but all of my residuals.

[FormerMember]

3 hours ago, Corpsman8404 said:

Ok, so I went the other day to a Private Sleep Dr, who like described above, did a IMO letter.  Picked it up today.

1) He said he was going to write "more than likely as not" but wrote this in one of the sentences. "Based on my examination and records reviewed, in my opinion it is highly probably that his sleep apnea is related to his other service related condition PTSD. This relationship has also been noted in the medical literature".  (My highlights) So, does this look ok? This "sounds" better, but we all know the VA....  

2) Also, he is going to fill out the DBQ for me (sleep apnea). --Do I really need it from him since I have the CPAP now and been diagnosed with sleep apnea from the VA?

The nexus will fail. The use of the words " probably, possibly, might have, rule out, could have or My Uncle Earl had the same thing due to... " will never pass muster. The Court of Veterans Appeals has repeatedly ruled that the use of these terms are what we call "equivocal" or equally weighted on both sides. It could just as easily be said Probably is as well as Probably isn't.VA requires an unequivocal verbal assessment of "at least as likely as not" all the way to "most likely" or "is due to". Tell your pixie dust distributor to read my Nexus Bible. I attached it as a Word Document so you can download and tune it up for your own claims. If he bothers to read it, he will find Uncle Earl's failed nexus in there too. Best of luck, sir.

[Corpsman8404]

Thank you, asknod.  I will be asking him to change the wording tomorrow. He seems very willing to help me out.  Entire staff there does.

 

I meant to keep this in my own thread here:  

 

Edited February 17, 2016 by Corpsman8404