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Private Doctor Nexus Statement

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deedub75

Question

Hello All,

I'm new to the forum although I've been on the site to read comments in the past.  

 

 

I've been battling the VA for years trying to get SC for my knees and my back.  I am claiming bilateral knee tendinitis and and bulging disc in my lower back secondary to my service connected right ankle injury and bilateral pes planus.  Every time I appealed, the VA kept sending my claim back to the same NP that keeps denying me over and over.  Every time new information was presented she would come up with a different reason to deny me.  She just keeps doubling down on false information.  First, she said I had a normal gait.  I provided a copy of my exit exam stating I had an abnormal gait.  She then said my gait wasn't bad enough.  My case ended up at BVA where the judge remanded it basically saying that the examiner was ignoring my abnormal gait and other issues.  She then denied it again saying that my age and weight was the cause of my knee and back issues.  I have put on weight but when I originally filed these claims and attended exams I was around 170 pounds or so.  

A couple of months ago, I decided to ask my orthopedic surgeon if he'd be willing to write a nexus statement for me.  I asked him if it was possible that pes planus and a bad ankle could cause knee and back issues and he said it absolutely can.  He couldn't believe that the VA would say it was impossible.  I found a nexus statement online and actually wrote it for him.  I gave him a handful of my records to review showing that the VA had diagnosed me with knee and back issues so he was comfortable saying that he revived my VA records.  I sent this in as a supplemental claim and got a call today from a contract company for a C&P exam.  I was kind of surprised that exams were ordered but I figured that maybe they want to find out the current severity of my conditions.  The person did mention medical opinions which have me a bit worried now.  

I believe I am seeing a general practice nurse practitioner.  If this NP says my knee and back issues are less likely than not caused by my SC pes planus and right ankle, could she really override what my board certified orthopedic surgeon says?

 

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  • HadIt.com Elder

A specialist  like a board certified orthopedic surgeon 

will trump a N.P Anytime, stay away from this N.P.

It only takes me once when someone like a NP says in their opinion so so is less likely not caused by or your S,C, Condition  or your condition & does not warrant a rating..I'd never go back to someone like that  especially when I had other evidence thats says I do.

Submit the certified board orthopedic surgeon opinion.  your evidence won't get any better than that.

Edited by Buck52
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  • Lead Moderator

What Buck said above is true!  Now you also need to be ready for the reality of what might happen.  They could totally ignore anything you give them.  They can go off of what the NP says and not say a single word about any other paper work.

This is sometimes the truth of what happens and be ready to appeal if/when this happens.  

I had a slam dunk if they would have read my paperwork!  now years later I won but it was a fight!

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THe VA ignored my IMOs it took me going to the BVA to get the win. Even though it was my money already I still enjoyed the nice retro pay when it came in.

Remember the only time you lose is when you give up, don't you can win your claim. 

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They ignored my VA doctored and private MDs IMOs unti it went to the DRO but I also stated in my appeal that my medical va doctors and private IMOs  experience equaled 150yrs of experience to 1 DO with 15 yrs.  Plus I included every rule or regs that applied to a equal or greater than evidence.  I also complained that the examiner was not aware of my condition and refused to accept additional medical treatise to education himself on my condition or review the IMO or VA specialist statements.

complain about it being the same examiner (np) who has less knowledge and expertise then a specialist.  Put in in writing!

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  • HadIt.com Elder

Ruby you are actually very fortunate that the DRO listened and considered your evidence. Usually, they would deny and you would have to push it toe the BVA to get it right. Good for you.

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