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Recent VA Appeal

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TMannfish

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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

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On 11/26/2018 at 9:24 AM, broncovet said:

The thing is, of course, there are possible stressors that have nothing to do with the military:  A car wreck, fight, sex trauma, etc. etc..everything that can happen on the battlefield can often also happen in civilian life.  

YOU have to show the stressor was from military, not your car accident 3 years later.  As Berta pointed out, for combat Vets, they relax the stressor requirements.  But not for non combat Vets.  

Broncovet... I don't talk about it and don't want to talk about it... It is unknown to me if it was reported or not the next day, I was severely injured and flown out and never saw the desert again.  I have given them the stressor and I can only hope now that after reading my records and having my primary VA provider state that my PTSD is " more likely than not " related to my military service, rule in my favor.  Thank you for the input.

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  • HadIt.com Elder

TMannfish Quoted

''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??''

No , you will need a nexus to connect this to your military service. other wise you will most  likely be denied.

you mention 

'' 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.''  

You may get your medical records to see what your  VA Dr ( phychiatrist)  has reported in your medical records?  or request your C-File if you have not did so.? &

..check all your medical records in it.

Edited by Buck52
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On 11/25/2018 at 7:18 AM, TMannfish said:

my VA psychiatrist left in 2017

have you downloaded you Blue Button information recently, specifically the notes section from during the years your VA shrink was seeing you?

If not do so. The Doc will likely have written something like. The vet presents with blah blah blah. states xxxx events took place..... then in there someplace may be a statement like " xxx even causes the veteran blah blah blah affects blah" or similar type statements. while these wont' be formal statements of nexus, added to your PCP letter you said they gave you it will bolster your claim.

 

5 hours ago, TMannfish said:

I don't talk about it and don't want to talk about it... It is unknown to me if it was reported or not the next day, I was severely injured and flown out and never saw the desert again

this evac event is surely in your record. you don't get evac'd for grins. I know and understand you don't want to talk about it, but finding that in your record is another key for you, in trying to build an ad-hoc nexus letter. The might accept the pcp's letter at face value, i hope so, but you want to draw big bright red arrows toward all the supporting facts that are documented.

literally lead them by the nose to the conclusion you want them to make.

I would also suggest you go to your RO records office and request the full C&P package for the ptsd exam.; ask for the docs notes, the exam request and the dbq specifically and then ask for everything in the package. the docs notes there may give you what you need,

good luck

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TMannfish I apologize to you sir if your getting repeated information and I certainly hope its not all confusing for you?  but maybe you do understand a lot more now that what you did.

I just wanted to add this for you/maybe save you a needless trip to your R.O.

When we go to our R.O. AND ASK FOR MEDICAL RECORDS/NOTES or look into our C-File  its best to have an appointment with your R.O.   sometimes our C-FILE is floating around in space or at another R.O. For some strange reason.

And they do not give you any records out of your C-FILE WHAT SO EVER  ...If your C-File is there  they take you in this large room and place your C-files ON A table For you to look through and watch you like a hawk,   then if you see some records you need to help substantiate   your claim  you need to tell them to make you copies. they will take the records out of your C-FILE  not you.

However this is the historic way to look at your C-FILE from your R.O.

but as I understand it now they have copy all veterans Cfile into a CD Format and your entire C-File is on a C.D. (Compact Disk) not sure but maybe they can make you a CD and give it to you? other wise you will need to Make a Request for it.  they will tell you how to do that.

Or simply request your C-FILE from two different sources: 

And remember all our medical records we get at the VAMC or from any VA Dr or clinician ,these records/notes are place into our C-FILE. ( UNFORTUNATELY SOME TIMES THESE RECORDS ARE MISS-PLACED OR LOST)

Request your C-FILE FROM the vet claims center in Jansville Wi  or from the NRPS in St Louis  you will need to send in the  signed FOIA form.

I would recommend you  do both.ASAP

Edited by Buck52
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4 hours ago, Buck52 said:

just wanted to add this for you/maybe save you a needless trip to your R.O

if s/he wants to get the content of their C&P packet including Dr.'s notes, then the RO is the fastest way.

S/he can send a request to Janesville but then they are in the line with every veteran getting their entire C-file.

For general discussion, it is rather unclear how often the contents of the VBMS is transferred to the Archive. It is also unclear if a request to Janesville for our C-file automatically includes pulling the entire VMBS files into the C-file or if only files sent to Archive from VBMS on some pre-planned schedule are included.

either way if Tmannfish is just looking to get the C&P packets then the fastest way is through the RO.

 

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  • HadIt.com Elder

I disagree with you GeekySquid

Just from my past experience and from other Veterans..some times the Veteran R.O. Will not have the Veterans C-file  & if he goes without an appointment or calling to make sure his C-file is even there  and its not  he just made a needless trip.  although when this happen he can file  NO CONTACT FORM.

 Now days Most information the Veteran needs goes through Janesville.

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