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

[Mr cue]

 

I used to love debating the law and cfr and bva decisions.

Now all we debate is opinion on if u need imo.

I love get other out look at thing it help with the process

But posting the same thing over and over was messing with my mental lol.

I really like the site but we really got to let the Dr thing go.

On Ever post we are confusing ppl and I feel not help anyone.

The site an ppl have more to offer then to just put up find a doctor

 

 

 

[brokensoldier244th]

Well,if we’re blocked, actually- you won’t. /out

[Buck52]

OK we should all agree that  if the VAMC Dr's DENY a veteran a nexus  and his/her claim has been denied for that reason then yes IMO is in order   plan and simple  or/and   if a veteran has the medical records to prove other wise  sure he/she can use them ,  my 1 st grade grandson could figure that out.

enough on this subject ;move on forward= this post is CLOSED.

[Vync]

On 3/28/2022 at 9:32 AM, pacmanx1 said:

...but I have had some really bad VAMC C & P exams that lingered in my records...

Keep in mind that when C&Ps are used for nexus opinions or rating increases, problems can be due to the examiner and also the VARO staff who read the findings.

90% of my C&Ps performed by the VA had issues including:

- Examiner opining on an unclaimed issue
- Giving greater weight to their NP vs. my non-VA neurologist
- Not granting the correct rating
- Not applying relative equipoise
- Completely ignoring favorable evidence
- Rubber stamping prior C&P findings word for word instead of noting current findings
- Incorrectly reducing a pre-existing condition/aggravation rating
- Saying measurements were not "objective" when the examiner said pain of functional loss starts "midway" instead of writing a numeric value
- Not following other applicable laws/regs

Nearly all issues I encountered were overturned by NOD, appeal, or at the BVA. However, a couple of these are still waiting at the BVA.

Some areas like presumptives, TDIU, SMC, and rating increases do not always need a nexus, but do require the VA to verify against evidence.

[Dustoff1970]

Vync in answer to your recent inquiry I filed a VA section 1151 injury claim along with 3 other VA claims all about the same time beginning in 2000.  The other claims were  CUE claims for PTSD rating level and non adjudication for TDIU, And also filed directly to the VA Secretary HQ a Claim for Administrative Equitable Relief and Review that definitely got their attention with the attached 1151 claim. 

At the same time I sent many many letters to U.S. Senators and Congressmen/women including chairman of the Veterans Committees with attached copies of the 1151 claim with cover letters.

In short order I received many replies from the U.S. Representatives with copies of their letters sent to VA Secretary and Directors of Temple Texas VA hospital and the Waco and Reno VA regional offices apologizing for the mistreatment of my claims and horrific medical  mistreatment I and some other vets received at the hands of the psychiatric ward chief doctor and staff in 1985 to 86.  One Korean War vet committed suicide on the ward late one night. The chicken chit chief shrink was later moved to Arizona where he died at young age of 61 I am happy to say. He may have been forced to resign but I have a copy of his obituary.

I also received conference phone call from Director of Reno VARO asking me what I wanted and I repeated my request put forth in my claims. 

By 2001 I received a PTSD TDIU rating from Reno or Waco VARO and then this was later upgraded to P&T TDIU with about 5 years back pay. No mention ever made of my 1151 claim but I did receive letter from VA secretary apologizing for my mistreatment and confirming I would be made P&T TDIU by VARO.  I still have copies of all these letters.

In 2003 ??? my CAVC Court appeal for CUE was granted to me in the form of a remand to the VARO to adjudicate me for TDIU and P&T with effective date sometime in 98 and by then I was already rated by VARO for TDIU due to these other activities. The court agreed it was due process error for VARO not to have adjudicated me for TDIU.  I also included copy of 1151 claim with the court appeal just for extra added kicker.

Recently I won an OSA Sleep Apnea Appeal due to PTSD with 5 years back pay and SMC-S status.

Some ****** vets will be quick to jump in and say they did not have go thru all this drama to get their P&T benefits and I congratulate these braggarts on their good fortune as they have not walked in my shoes.  I have not for a very long time worried about any of my benefits ever being reduced as I still have all those letters and the 1151 claim plus well over 20 year of the P&T rating.

P.S. a real live nut case Mel Gibson said in one of his movies "PTSD pays very well"

Edited March 31, 2022 by Dustoff 11

[El Train]

2 hours ago, Vync said:

- Giving greater weight to their NP vs. my non-VA neurologist

No, the VA would never do that.