NEXUS OPINIONS STATEMENTS

[Dustoff1970]

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)

 

Edited March 31, 2022 by Dustoff 11

[JKWilliamsSr]

From what I can tell most of the vets that come here have already applied for benefits and have been denied.  That is likely the reason most of the time the first response is to get an outside IMO/IME.  Why?  Because there are many of us that took years to get the benefits we deserved and it would have shaved those years off our fights.  I give my advice based on what it took for me to win my claims.  I cannot speak on what it took to win my battles based on the evidence on record and my argument.   The reason is I have failed each time.  There are many that have the same experience like myself.

In most denials the reason is a negative opinion from a va examiner that must be overcome.   I would say 99% of the time that is the case.  I have seen some denials where the VA examiner provided a positive nexus and a rater still denied them.   That is very rare from what I can see but it has happened.

I know I am beating dead horse by saying this but I will do so again.  If you have the conditions in your service records it should almost be a slam dunk for service connection.  The reason being is you have a direct correlation with a medical condition and your service.  It normally is enough to trigger a C&P exam.  Getting service connection does not necessarily mean compensation.  For example when I got my initial rating for my knees I was rated at 0% for each knee.

Lowball ratings and secondary condtions seem to be the most contentious things I see when it comes to VA disabilities.  You have veterans with clear evidence warranting compensation only to be lowballed by the VA because of their examiners.  Then there is the issue of secondary conditions.  IMHO the only way to overcome a bad VA medical opinion is with a medical opinion in your favor.  This is mostly done by an outside IMO/IME.  I had 21 secondary claims denied by VA raters that was overturned and granted by the BVA because of an IMO.  These claims had been turned down 4 different times at the rating level and via HLR's

Speaking of HLR's do not waste your time on them.  IMO they are a joke.   Since new evidence is not allowed at the HLR level I would just take it to the BVA.  The direct review avenue without submitting additonal evidence takes a little over a year as I understand it.   Many wait the same amount of time for an HLR which is nothing more than rubber stamping of the previous denial.

 

[Dustoff1970]

Sorry Mr. Cue for the duplicate comments.  You can just skip my post or comments if I accidently post them and thank iekBroken for my duplicate comments as they are answers to some of his BS and mental illness.  My feelings wont be hurt.  Good luck on your ongoing appeals.

Your sentences and words in your comments are fragmented and disjointed and I can not understand what you are trying to say.  Do you suffer from ???

Best to you tho.

P.S.  About my PTSD, Just like the nut case Mel Gibson said in a movie.  "PTSD pays very well" and has since 1998.

Edited March 31, 2022 by Dustoff 11

[brokensoldier244th]

 Blame it on my mental health issues. Just doing my part to be helpful. 

[McRay]

C'mon everybody. We're getting too off track and taking things too personally. We all need moral support and positive encouragement in this struggle against an institution that is supposed to be looking out for us, but is instead being adversarial. I miss Berta and Alex's input and don't want to see anyone else disappear. We're all either fighting or have fought the same battle. Our approaches may differ, but our goals are the same. Brother and Sister hood in this fight.

[Dustoff1970]

Duplicate comment

Edited March 31, 2022 by Dustoff 11

[Dustoff1970]

You are absolutely correct Ray and thanks to T-Bird instructions  I have just placed two yahoos on my block list and will add more if needed so everything is great and peachy now.  Thank you and See you at the rodeo.

Edited March 31, 2022 by Dustoff 11