Nexus Letter Submitted, Now What?

[fowrward1]

I submitted a claim for my left knee, lower back, anxiety, and depression.  It was denied in under 30 days.  My VSO submitted a reconsideration with additional records from my private doc, but that was also denied in under 30 days.  My VSO then suggested I get nexus letters that state my current conditions are 'as likely as not' due to injuries/circumstances suffered during my service.  I recently submitted nexus letters from my private doc for my knee and back, but my VA doc would not write a letter for my anxiety and depression, both of which she has diagnosed me with.  The letters I did submit were concise (a couple of paragraphs), both indicated my current conditions and that they are 'as likely as not' due to the injuries/circumstances and events of my military service.  For my anxiety and depression I just submitted my VA medical record with notes of each appointment I had.  All of this was submitted as a reconsideration.

I asked my VSO what I could expect next and he mentioned C&P exams are likely.  My question is, does it sound like I have submitted enough for the VA to schedule C&P exams?

Thanks

[fowrward1]

10 hours ago, broncovet said:

You mentioned you have a VSO. While many Vets advocates suggest NOT having a VSO, I think its okay when you fully understand that the VSO sitting across the desk is (ultimately) paid by VA per the number of POA's he has.    Once you understand this VSO works and is paid for by your opponent at law, then you can understand and keep up with this, disregarding bad advice VSO's often give like:

1.  Dont appeal this..be happy with what you got, you could get a reduction instead.  

2.  Dont apply for "benefit x", because you wont be approved anyway.  (I was "dropped" from representation  by the VFW, as they did not think my claim would succeed EVEN when I had the "full" Caluza triange documented!!!   Again and again, Vets who have the "full" caluza triangle are awarded benefits, over and over again, in appeals.)  

3.  VSO's pretty much, "Dont" return Vets phone calls.  

     When ever I get this "horse puckey" from a VSO I drop him.   Its a red flag your VSO can not be trusted.  

The VSO I had been working with has left and I have a new one, but based on your reply, I #2 applies with my sleep apnea, which I had diagnosed after my service and #3 I can never get them on the phone .. perhaps I should see if an attorney would be better at this point.

[fowrward1]

1 hour ago, RTKOOC said:

I would look at the reason you were denied. If you don’t have a documented in service injury or event then it will be denied as not relating to service regardless of what a private doctor states. You would need to provide evidence of injury like a buddy statement.

Thank you for your reply, my knee and back are documented but my depression and anxiety are not.  I have a buddy statement for my knee, I will also get one for my depression and anxiety.  I didn't really think about that since I had a VA doc diagnose me, but the process so far makes me think I'll need it.

[Oceanbound]

On 10/23/2018 at 1:57 PM, fowrward1 said:

The VSO #3 I can never get them on the phone .. perhaps I should see if an attorney would be better at this point.

Lawyer up!

After reading many BVA citations and then the directory @ NOVA, I went with GloverLuck.

And others on this site have mentioned/have Chris Attig, AskNod, David Anaise, Ken Carpenter, Katrina Eagle, and there is the NOVA directory @ https://www.vetadvocates.org/directory

Each one have their own specialty. For instance Asknod does terminal Nam vets 

You can also look to see those few that go to the CAVC or read BVA citations to see the Attorney's named for those Vets that "lawyer-ed up" instead of relaying on VSOs that are paid by the VA.

Good luck on finding one and let us know who you got.

[doc25]

On 10/23/2018 at 3:55 PM, fowrward1 said:

Thank you both for your replies.  I'm new to the process so after years of persuasion I'm finally seeing what my buddies have been exposed to in filing claims.  The secondary connection is realistic with my knee, I've had increased pain and limited ROM since after my service.  I currently go to physical therapy and my doc has said that surgery is the only option if I don't notice any improvement.

Your welcome.

If you do end up getting surgery  here's some info to consider. https://www.benefits.va.gov/COMPENSATION/claims-special-hospital_treatment.asp

The  duration on hospital stays depends on what kind of surgery you will have that will warrant a lengthy hospital stay.

Also remember, if your other knee begins or has started bothering you, that's a good indicator to start being seen and build up medical evidence to Secondary connect that knee to your SC Knee. 

[fowrward1]

I logged into ebenefits today and saw the status was changed to "preparation for decision".  I looked that up and found that it meant the VSR has made a decision and is preparing the document detailing the decision.  I'm a little nervous because it's only been 2 weeks, does anyone know if this is good or bad based on experience?