Caluza, Caluza, Caluza

[broncovet]

If your claim is going nowhere fast, remeber these 3 key elements:  Caluza, Caluza, Caluza

Caluza vs Brown is a landmark case that defined what it takes to get service connected.  Its as simple as 1,2,3, but you would be suprised at how many claims make it to VA absent a nexus, which is Caluza element number 3.  They are:

1.  Current diagnosis.  Your doctor must have diagnosed you.  No diagnosis, no benefits. 

2.  In service event or aggravation.  You could have had a broken leg, been exposed to excessive noise, or a bomb could have blown up and you lost your legs.   Or, you may have had something before service that got worse (aggravation).  

3.  Nexus.  This is the famous statement, by your doctor, that your (current diagnosis #1 is at least as likely as not related to your in service event, number 2).  

       Please, please dont go to the Board (of Veterans Appeals) without your Caluza elements documented.  You will lose almost every time.  DONT COUNT ON YOUR VSO TO CHECK THIS FOR YOU...THEY DONT>    

WORSE:   Dont "YOU" assume you have all this, instead READ YOUR FILE AND ENSURE ITS DOCUMENTED.  It isnt enough for you to know you have the Caluza elements documented, The BVA judge will (or VARO) will want to see it, too.  

[paulcolrain]

my question is do you still need Caluza when Veteran was diagnosed with an inservice hip strain then 6 months after released diagnosed with same inservice hip strain from C & P. the Cand P did not give an opinion on it though described how it happend in service just 6 months prior.

why would you need part 3 of caluza?

[broncovet]

You need "part 3" of the Caluza because VA will "not" connect the dots.  Yes, I agree with you..this should be automatic:  You HAVe a current diagnosis (Caluza 1),  you have an in service event (Caluza element 2), but you still need a doctor to opine that your (current diagnosis) is at least as likely as not due to in service event.  

Let me explain why.  Many times Vets get out of the service, and sometimes they get injured outside the service.  They get into car accidents, and all kinds of injuries, even gun shot wounds.  The VA wont pay you for injuries suffered in a car accident after service.  So, to rule out that possibility (that you were injured after service), you need a nexus statement by the doctor, that current diagnosis was caused by service...not your car accident after service.  

In the event of a secondary condition, only 2 parts of Caluza are needed.  1.  Current diagnosis.  You always need that.  2.  Nexus that your current diagnosis is "at least as likely as not" related to a condition to which you are already service connected for.  (That is, secondary to your SC condition.)  With secondaries, you dont need to repeat a in service event, because that has already been established with the primary service connected condition.  

     What's in your wallet?  Dont leave home without your nexus, or your wallet will be empty.  lol  Alex and I discussed this very issue just recently.  You would be suprised how many times Vets show up at the BVA, after 5 years wait (and representation by a VSO) without a nexus.  This is like showing up at a car race without your race car.       Now, if this does happen, and you manage to get a remand, you can get an IMO/IME and maybe fix it.  Dont try.  Fix it now.  Make sure that Nexus is in there and its clear.  

Edited June 3, 2018 by broncovet

[Buck52]

  broncovet is correct

Or read thishttp://helpdesk.vetsfirst.org/index.php?pg=kb.page&id=1871

[paulcolrain]

after reading i do agree that all 3 parts are needed. even within 1 year of service release. thanx guys.

[Fat]

This is the must know statement for anyone filing a claim.

I wish I knew this on my first claim; however experience is good teacher.

 

[Dustoff1970]

Actually not many years ago I and many other veterans received service connection on the clear evidence in our VA, military medical and other service records that showed a clear connection between our present day diagnosis and prior treatment for same diagnosis symptoms in service along with present and or prior VA medical treatment for same symptoms.  I never had a formal nexus diagnosis from a VA or private doctor over my past thirty years plus of filing mostly successful claims and appeals.  My VA C&P exams did confirm PTSD due to Nam combat so maybe that is also an acceptable nexus.

My family doctor of 50 years did provide letter statement opinions stating his opinion that my PTSD and sleep disturbances was directly related to Vietnam service and that he had reviewed copies of my VA and Army medical records that I had given him.  However as usual the VA raters ignored his opinions.