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NEXUS OPINIONS STATEMENTS

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Dustoff1970

Question

There is a misconception put forth on some veterans benefits forums that a MD doctor's formal nexus opinion is almost always needed for a vet to be granted disability benefit claims from the VARO and BVA.  This is not correct and misleading to the vet in an important way.

I have since 1985, 1998 to present days successfully won almost a dozen claims and BVA, CAVC court appeals without the benefit of a formal doctors nexus statement and representing myself with only one recent exception.  In all these claims and appeals I have used my extensive file copies of active Army, VA, VAHC, and private medical treatment records, hospital discharge summaries, test and lab results, doctors and nurses notes, medical prescriptions, along with other non medical evidence to win these claims and appeals. This evidence has served as the required nexus connection always.

Out of many dozens of VA C&P Exams over many many years did I receive one exam that gave a favorable opinion to my claim.

Here are just a few of many examples where I did not need a nexus statement from an MD or anyone else to win my claim.

1. PTSD and PTSD increases that were based solely on my Army Vietnam and Japan and VA medical treatment records.

2. TDIU based upon only my VA and VA medical treatment records and my submitted statements and forms

3. P&T TDIU rating since 1998 based mostly on my own submitted evidence, forms and one VA C&P favorable exam

4. VN Agent Orange IHD Ischemic Heart Disease claim based only upon my DD214, DD215 and other evidence of VN service and             private treatment records, test results.

5. VA VOCAB Training for both Accounting Degree and additional civilian helicopter pilot license

6. U.S. CAVC Court CUE appeal I won thru a court remand and based upon many years of VA medical and non medical evidence.

7. Loss of Use Disability Claim based upon medical and non medical records only with no doctor's nexus opinion.

This comment is not legal advice as I am not a lawyer, paralegal or VSO.

https://www.facebook.com/Vietnam-Dustoff-Medevac-112614780575067/?ref=pages_you_manage

BA Degree Finance & Tax Accounting, Former SEC CFP, Former Army Guard and Civilian helicopter pilot to Two Texas Governors, 

Advanced FAA and British CAA/Singapore Helicopter Airline Transport Pilot IFR License, FAA and CAA Helicopter Instrument Instructor Pilot License for all Weather Flight, etc. etc. 

Former volunteer Army medevac Pilot Vietnam with Purple Heart, CMB, DFC medal, AMs 1970,

Former volunteer UN civilian solo helicopter rescue pilot 1980 south China Sea (Saved over 1000 VN boat people)

759060655_combinedphotoofPerkinswith498thburningUH-1HmedevacJune91970-Copy(2)-Copy.thumb.jpg.5713e1dd50a3ea1381dd90afeb5e68e4.jpg

 

Edited by Dustoff 11
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  • Founder

I think we have really talked this issue to death. Yes it is not required, not always necessary but on occasion may make the difference. Each claimant must weigh many factors before making their decision. The veteran should never be given the impression that it is an absolute that they must have it or that it provides any sort of guarantee. 

Isn't there any other topic folks want to talk about? If there is - please start a new topic.

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PTSD and Ischemic heart disease are on the presumptive conditions list, ischemic heart disease since 2010, most people don't need a nexus for those unless (in the case of IHD) they filed before 2010. You can't just tell people that a medical nexus is not needed- your statement is just as misleading as what you assume you are disproving. Of course you didn’t need one, you were presumed already. 

Sometimes you don't need a medical nexus.

Many times you do.

Is it usually better to have one anyway, especially if the VA examiner's opinion is the opposite of yours? Yes. Because then they have to be evaluated in equipose, rather than submitting a claim with no nexus of any kind along with some medical studies (that aren't opinions) and expecting the VA examiner to make an opinion- which they do. If its not favorable, then the rater has an opinion from a doctor, and the submitter's lay evidence. The opinion vs the lay evidence is going to weigh higher for evidentiary value, even the Court recognizes this. Will it completely sink a claim? No, a rater can go with the medical in front of them instead of just the opinion from the examiner, or they can order another opinion if they think that the examiners opinion is not fully rationalized. I send re-works and re-exams every day because of this. /Done

 

Edited by brokensoldier244th
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Again Broken you deliberately misread my post which is typical of 

I have said in all my statements that a doctor's medical nexus is ALWAYS very helpful and sometimes needed when no other evidence for nexus connections is available.  BVA decision don't lie bud.  The examples I gave clearly applied to only me Bud.

Note to T-Bird as long as certain suborn  dudes keep implying vets always need a formal doctors nexus statement then I feel it necessary to correct the misleading sl.

Edited by Dustoff 11
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  • HadIt.com Elder

 Both of you guys are correct  threre is trully no wrong way to read your post. (if that makes a lick of sense?)

We  Veterans all have to prove our claims are of merit, sometimes a nexus is needed and sometimes its not , I have did both and millions of other Veterans have to.

  I believe what ever the Veteran needs to do to win his claim  he needs to do it as long as he is not commitning Frud.

The VA just likes us to do it their way and this is the reason they have created laws and guidlines we must go by.

What does relative equipoise mean?

Description. relative equipoise. Evidence must persuade the decision maker that the fact is as likely as not. preponderance of the evidence. The greater weight of evidence is that the fact exists.

Typically, in order to prove service connection, a veteran will need to show three things: That they have a current, diagnosed disability; That they experienced an in-service event, injury, or symptom; and. A medical nexus linking their current diagnosis to the in-service incident

What is the findings of fact and conclusions of law?

Findings of Fact & Conclusions of Law After many bench trials or the hearing of motions, the judge often will issue findings of fact and conclusions of law, especially if requested to do so by a party. These set forth the facts the judge found to be true and the conclusions of law he reached regarding those facts.

Edited by Buck52
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Yes GBArmy many vets that meet the required criterial and qualified by medical evidence to receive service connection for a disability or disabilities cannot obtain a nexus medical statement from a doctor/s as the doctor/s are lazy, indifferent or hostile to vets receiving compensation for an illness or injury due to service.  Sometimes this is so when the treating private doctor is even offered proper payment to provide a proper nexus opinion and/or DBQ.

This happened to me on several occasions over many years.  My present VA PCP is lazy as hel and freely admits it and is only good for labs, medicine and referrals and will not give out any nexus statements/opinions for anything so therefore I rely on all my medical treatment records.

My private indifferent heart surgeon would not give a nexus opinion or DBQ but his treatment records, notes, labs, and test results that I submitted with my claim resulted in my receiving VA service connection of 30%  for VN AO IHD Ischemic heart Disease. Also I did not need his opinion due to Presumptive Law regarding vets and AO in Vietnam.

I have always  won my claims and appeals based upon other medical evidence WITHOUT a doctors formal nexus opinion or DBQ with only one time recent exception for OSA Sleep Apnea.

I believe vets should not be discouraged from filing a claim due to lack of nexus statement or DBQ if they meet the criterial and have or can obtain other medical evidence to provide a nexus connection to their disability and service or another possible secondary to another existing service connected disability.  They  still have a chance to win their claim at the VARO or on a BVA appeal.

My comment is not legal advice as I am not a lawyer, paralegal or VSO.

 

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3 hours ago, Dustoff 11 said:

 

 

 

 

 

3 hours ago, Dustoff 11 said:

believe vets should not be discouraged from filing a claim due to lack of nexus statement or DBQ if they meet the criterial and have or can obtain other medical evidence to provide a nexus connection to their disability and service or another possible secondary to another existing service connected disability.  They  still have a chance to win their claim at the VARO or on a BVA appeal

This is my thing with it is that ppl are telling veterans they need it to win.

I careless if a veteran feel that is what he need to win fine. They is there choice

But to give that advice an u haven't seen there record or comp exam or anything is wrong.

U are send the veteran on a mission that is for the veterans affairs to take care of duty to assist.

They order medical opinion and have to get all your records.

So Tell a veteran they need a imo before looking at there record is not helping.

My opinion.

I don't even reply to post when I started seeing that because It start a problem now.

I just don't see the point of doing it.

I just hate to see veterans going down that hole.

Some veterans may not put in there claims because they think they need a imo first.

They are not looking at the law or why they were denied an more.

Just you are going to need a imo crazy

 

 

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