Possible Nexus Statement

[Hucast21]

Hey all,

Currently awaiting BVA hearing next month and was quite surprised to see this in VA Notes from my psychiatrist a few days ago:

”Veteran has PTSD and depression due to his military service as a corpsman.”

She then goes on to write about my PTSD stressors and how PTSD and depression has impacted my life.

Now, my initial claim of PTSD was denied because of an unfavorable C&P exam. 

Can I submit the above evidence to the BVA by waiving RO consideration?

Any feedback would be greatly appreciated.

[pacmanx1]

3 hours ago, Hucast21 said:

”Veteran has PTSD and depression due to his military service as a corpsman.”

She then goes on to write about my PTSD stressors and how PTSD and depression has impacted my life.

Yes, you can use this evidence to support your claim.

[broncovet]

Yes, I agree.  It would be helpful to know if this evidence was previously considered, that is, was it in the evidence section of the decision? 

[Hucast21]

2 hours ago, broncovet said:

Yes, I agree.  It would be helpful to know if this evidence was previously considered, that is, was it in the evidence section of the decision? 

No it was not.

[broncovet]

Ok.  This should mean you get the effective date to the beginning of the appeal period, per 38 cfr 3.156 b.  You should also make sure you picked the BVA appeal that allows new evidence.  

[Hucast21]

1 hour ago, broncovet said:

Ok.  This should mean you get the effective date to the beginning of the appeal period, per 38 cfr 3.156 b.  You should also make sure you picked the BVA appeal that allows new evidence.  

My attorney picked the correct BVA appeal route that allows new evidence and is confident that my claim will be granted now because of this new evidence.

[Fat]

NEVER GIVE UP...........