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Nexus letter for Lupus SLE


Callahsr

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I am trying to get a Nexus letter for SC for SLE. My Rheumatologist does not do them. I was looking at the Ellis Clinic but can't travel to Oklahoma. Does anyone know a Dr who does Nexus letters just by doing a medical record review?

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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.  

 

Edited by broncovet (see edit history)
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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.''

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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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Not all Vets have 5k in the bank to afford a flight to OKC, and an exam..sure it may be less, but it might as well be a million dollars if you dont have it.  

There are docs and attorneys who help deserving Vets get the benefits they deserve and dont require they have a bankroll to pay for all this stuff up front.  

My old attorney, Glover Luck upfronted an IMO, and deducted the proceeds out of my retro.  I understand Hill and Pontoon does the same.  Dr. Anise is a lawyer and a doctor, so he may look at your case and decided to upfront an IMO if he thinks your case has merit.  

I was near homeless when I applied for benefits, and, of course, VA made sure they delayed my benefits at least 3 years virtually guaranteeing I lost my home.  (no income.)  

Its their plan.  Make the Vet think he will get benefits in 90 days or less, deny him 80 percent of the time, then put him in a 5 year appeal que, hoping the Veteran will commit suicide before he ever gets them.  It works far too often.  

Solutions are not readily available, and very difficult to find.  They did not know how persistent I am...still fighting them for benefits 17 years after I applied.  They thought surely I would commit suicide first.    Sadly, many Vets do just that.  Persistence works when other stuff does not.  

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