Recent VA Appeal

[TMannfish]

Hi, I'm new here.  I just completed my VA appeal in front of the law judge last week.  I'm 90% on a service connected back injury, trying to get IU and a new rating for PTSD.  The judge seemed to be satisfied with the new evidence on my back injury, but she requested a Nexus letter for the PTSD.  Unfortunately  my VA psychiatrist left in 2017 so I have an appointment to meet with my VA primary care MD this coming week to see if he will give me at least a Nexus statement stating " more likely than not " that my PTSD is due to my combat history.  

With so much emphasis being put on this Nexus statement, I also had my neurosurgeon add to his last supporting letter for my appeal the statement  " more likely than not " that my chronic spine condition is related to my service connected injury to better my chances on IU.  

My question is this... Since I have only a statement and not the Nexus letter format, will this still be acceptable with the VA law judge??

Thanks for any thoughts... 

TMannfish

[vetquest]

The VA lives and dies by the nexus statement.  Without it getting rated for PTSD is next to impossible.  As for the back problem and IU it sounds like you have a good case.  You may see the IU approved and have a remand for the PTSD.

[TMannfish]

10 minutes ago, vetquest said:

The VA lives and dies by the nexus statement.  Without it getting rated for PTSD is next to impossible.  As for the back problem and IU it sounds like you have a good case.  You may see the IU approved and have a remand for the PTSD.

That's what I'm thinking also vetquest.... Then it's back to the drawing board.  Thanks for the reply!

[broncovet]

Evidence is evidence.  It should not matter if its a doctors "statement" or in his notes, as long as the doc made the applicable opinion.  

[TMannfish]

1 hour ago, broncovet said:

Evidence is evidence.  It should not matter if its a doctors "statement" or in his notes, as long as the doc made the applicable opinion.  

That's how I see it also broncovet.  But the VA judge that day was very specific that the Nexus statement was the only thing missing on the PTSD claim.  They have put the appeal on hold and given me 60 days to return the letter to them.  

[Berta]

The nexus statement and/or proof of the stressor (s) is the most important part of a PTSD claim-

A  VA diagnosis of PTSD is only half way up the hill. 

The 2010 changes to the PTSD regulations made it easier for OIF/OEF vets to succeed,- does your DD214 reflect your combat history?

Meaning is there a CAR, CIB, or PH on your DD 214?  If so the VA almost aways will concede the stressor.

You dont have much time- there are many ways to prove a stressor- unless you can get a good nexus from 

the doctor.

 

 

 

 

 

[broncovet]

There must be some deficiency in the current nexus, else the judge would not ask.  

There is info here on what a nexus letter must contain.  A few things are:

1.  The doctor making said opinion is qualified, that is, an expert in the applicable field.  

2.  The nexus statement is in the "format" approved by VA.  Unacceptable are terms like, "might be connectd to service" or "maybe connected to service".  Also unacceptable is it "could be" related to service, or that its possibly related to service.  That is, it needs to be unambigious.  

3.  The doctor provides a medical rationale as to why he formed the opinion.  

4.  The doctor indicated he "reviewed your medical records".  

5.  Of course, the nexus is in writing.  

      Absent any 1 or more of the above, and your nexus is suspect and its probably not gonna fly.  Even worse than "no nexus" is "nexus-like" reports that are missing one of the above.