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less likely than not


Good morning all.


I had a friend who had his C@P exam last week. He had  a nexus letter from his specialty doctor stating his condition suggests that his condition happened during military service.

After checking his DBQ, the VA doctor noted the doctor NEXUS letter however, she opined that the condition was less likely than not that veterans condition occurred during military service.

Any chance the nexus letter carries more weight than the VA exam with the raters.

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I forgot, this is regarding a friend of yours, you are not the claimant.

The buddy statements cans help him but

I suggest you print off all of this thread for him and also print this off too as to the IMO/IME criteria:

How the heck can the VA doc  say the SA was not found to be SSed if they didn't even have the STRs?

Does he have other claims pending?

Is this is first claim?

Has he tried to get his STRs himself at www.nara.gov?????

He could use that access for them and might get a letter instead of the SMRs (and he needs to request his 201 Personnel file as well) that states the STRs are at his VARO.....meaning they have somehow misplaced them...

Did he NOD this yet? What was the date of the denial?

Can he join us here?





Edited by Berta

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Thanks Berta


How the heck can the VA doc  say the SA was not found to be SSed if they didn't even have the STRs? Good question. He requested them for 2 years and the Hawaii VA state office asked for them as well and they could not be found.

Does he have other claims pending? Yes, he has a General appointment with the same doctor for Respiratory disorders (paralyzed diaphragm), Insomnia and Joint Pain and fatigue. Should he challenge the doctor on the above question since his  specialty doctor is a military doctor at Tripler Army med center and stated that in the 90's there was no testing for sleep apnea being done as prevalent as it is done now.

Is this is first claim? Yes

Has he tried to get his STRs himself at www.nara.gov yes. last 2 years. Yes. Also the VA Hawaii state advocate office did with no luck.

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He should challenge the VA ,not the doctor. They have an enhanced Duty to Assist when STRs cannot be located.

But still an 'enhanced DTA' is really just lip service to the VA.

He is going to need those buddy statements for the SA claim. Is State of Hawaii still on his POA?

The other contentions are very vague. What inservice event, chemical exposure, environmental hazard etc etc does he feel might have caused

these conditions?





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He was in desert storm. He received 2 letters from the Dept of def in 1997 and 2000 stating that several incidents occurred during his time there. 2 were possible chemical incidents. They concluded that they couldn't determine if they did or did not happen. He was also a diesel mechanic when he was in.

Thanks for all your help.

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