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Is a Nexus required even with service medical record proof

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Kraxup

Question

I received a VA rating early last year for tinnitus and hearing loss. I recently started another claim for back pain, PES Planus(flat feet) and a ankle injury. I have proof in my service medical chart of a back injury on 2 occasion. Plus during the second visit it's document that my pain was continuous for the previous 6 months. 

The arch of my feet were recorded as normal during my first enlistment. When I reenlisted in the Army after being out of USMC for 4 months i recieced a entrance medical exam. In that entrance medical exam it's documented that i have flat feet.

 Lastly my ankle injury was documented in my service medical records. 

What is the opinion of getting a Nexus letter with so much proof in my service medical records. Get a Nexus, YES, or NO. 

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  • Moderator

I also explained the Caluza elements (aka Caluza triangle)  below.  Its fairly simple, you can go through the Case law if you like.  If the Veteran were lacking one or more of the Caluza triangle he would be denied, however, if Caluza elements were met, the Veteran could count on service connection for that disability.  

Of course, this assumes the Veteran meets eligibility requirements, such as COD (character of discharge).  A dishonorable discharge precludes sc compensation "unless" you succed in getting the discharge upgraded.  

Importantly, a Veteran missing a "diagnosis" or a nexus can often get a doctor's statement confirming these.  However, a doctor "can not" provide you with an "in service event" if that documentation is lacking.  Sometimes, however, an in service event can be documented by a buddy letter.  For example, lets say you jumped out of airplanes but, for whatever reason, THIS was not documented in your service record, and you needed said documentation as you have knee issues from jumps.  One of your buddies who jumped with you can write a letter and he is competent to say that he jumped out of an airplane with you.  Your buddy, however can not document stuff like "arthritis is present on his xray", because he is not medically competent to diagnose arthritis or other diseases, unless he is a doctor.  

 

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I agree with all the above information  and a nexus is not required  when a Veteran has all the evidence on record and in his/her SMR'S proves his lay statment in support of his claim,  however if you can get a Nexus before you submit your claim it will help your claim  tremendously simply because some of the raters do not like to read  and they may not read all of your SMR'S that you have as medical evidence  and this will lead to a denail....so if you can get the clazua triangle Broncovet put up   its more likey your claim will be approved. (jmo)

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No, a nexus is not required, however if you read many BVA decisions there appears, quite often this phrase:  "the preponderance of the evidence".   So, if you have two nexus letters from doctors/nurses and the VA has three opinions from their C&P examiners they like to say; we have more evidence against your claim than what you presented therefor, we cannot grant your claim.   The more evidence you can present, including lay evidence, the greater your chances of winning.   

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