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Nexus letter for Lupus SLE

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Callahsr

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This is called an "independent medical opinion" where a doc reviews your records and renders an opinion on them.  There are multiple choices..Dr. Anise, Dr. Bash, and, even Dr. Ellis may do IMO's.  Did you ask him?  Again, you dont have to travel to Oaklahoma, just send him your records and he can make an opinion based on that, including a nexus.  

However, I checked and Lupus is on the "presumptive" list.  This means you dont need a nexus provided that you met the criteria, which normally means exposure to Agent Orange or some Gulf war Vets.  For more info on presumptives, go here: http://www.militarydisabilitymadeeasy.com/vapresumptivelist.html

If VA failed to rate you for Lupus and you qualify with the requisite service (VN, gulf war, etc), then its clear error for VA to not consider your presumptive.   In that case you dont need an IMO, you may need an attorney or a great representative to appeal or file a CUE.  We can also help you with that, but we need to know if you were overseas, and what period of time.  

 

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Thank you Broncovet. I was not diagnosed within a year of retirement to make it eligible for the presumptive rule. I contacted Dr Ellis' office and they said I had to be seen in person. My VSO says I don't need a Nexus letter but all of the vet forums state that I do.

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As long as you were in country where the herbicide A.O. was sprayed Vietnam but  I am not sure about The Gulf Wars?

  however as broncovet mention

''If VA failed to rate you for Lupus and you qualify with the requisite service (VN, gulf war, etc), then its clear error for VA to not consider your presumptive.''

I am not an Attorney or VSO, any advice I provide is not to be construed as legal advice, therefore not to be held out for liable BUCK!!!

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There are 2 different kinds of presumptives, as you learned:

1.  If you served "in country Vietnam" and have one of the diseases " on the presumptive list for Vietnam service", then you are given a presumptive.   There are also certain presumptives for Gulf war Vets.   

2.  The "other kind of presumptive" means:  .  You go into the service healthy, and a doctor says so.  When you exit service, disorders you have are "presumed" to be service connected WHEN YOU APPLY FOR BENEFITS WITHIN A YEAR>    Example:  You go in the service with no broken bones.  When you exit service, they note a broken leg.  This is "presumed" to have occurred in service.  Now, VA can "rebut" this presumption.  ONE example of a rebut:  SAme example, but you get into a car wreck one week after service and fracture your leg.  You didnt get the broken leg in service, you got it in a car wreck afterwards.    But the VA would have to have "evidence" of an after service injury.  

      You "do not" have to apply within a year for number 1, on the AO presumptive list.  
 

 

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Remember this:  VA "makes stuff up" to deny.  Again, if you have the requisite service (such as "in country" Vietnam), then you are "presumed" to have contacted Lupus "in service" because its on the presumptive list.  Yes, they can deny you.  You have to appeal.  ITS sad that they deny valid claims and make stuff up to send us on a wild goose chase, but, well, thats why you need hadit.  Frankly, you can not trust all VA employees, and you can not even trust what they put "in writing", either.  

I was denied hearing loss because "it was too long since military service".   Bogus.  "Time since military service" is NOT one of the criteria or Caluza elements.  Also, they may well deny you absent a nexxus, when you dont need one, when on the presumptive list.  You think these people all know their jobs?  Think again.  

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Doctor Ellis does NOT do IMOs, he strictly does physical examinations. And would be very helpful to you. "Where there's a will, there's a way" 

You said you can't? Can't or won't?  Even with the 1 night stay at a hotel and cost of a flight to OKC, with what Ellis charges is still cheaper than an IMO.

http://mentalfloss.com/article/538764/how-far-advance-should-you-book-flight-best-price-answer-might-surprise-you

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