Should I Write Nexus's Down For Doc?

[holdingontohelp]

Hi!

Hope you are all doing well! :)

I recevied a copy of the letter my DAV sent to the VA today.

In it, he asks the VA to make the C+P exams.

I understand the DAV's a busy guy, only one around Las Vegas (yes,

I moved here during a lapse in judgement), but shouldn't he have

at least asked if I wanted the exams? I know it's hard to get rated

with out them, but still...

Even though I'm miles of red tape away from the VA responding,

I want to ask if it would be in my best interest to give the doc a copy of

what I believe to be nexes's to my aggravaged MMD and recent (last 3 years)

GAD.

I will most likely be too busy doing OCD-type stuff to calm me during the

exam, but maybe it will help when the doc see's me counting tiles and bouncing

my knee B)

[Guest Jim S.]

Not that you want to fake any symptoms, you should present yourself at your worst during any exam for the VA.

It is to your advantage to have a C&P exam. By your DAV SO suggesting that you be given one to help develope your claim, he is also setting the VARO up, should they not give you a C&P and deny your claim, thus possibly faily to assist you in obtaining evidence to support your claim.

If the VARO denies your claim, they would have to give you reason and basis for their decision why any evidence from a C&P wasn't necessary, on appeal. Especially if you could provide additional evidence of your MMD and GAD with a nexus statement, from an IMO, if at all possible.

If you already have an IMO with a nexus statement in the records, you might take that to your C&P should you be given one and make sure the examiner sees it, even though they are supposed to review all available records in the claim prior to seeing you or prior to writing their opinion. This way you are assured that the examiner sees it and most Dr's do not like to disagree with other doctors when something is pointed out to them.

Have you boddy statements, statements from family and or friends as to cover your time in service and during the period since? This will help support any medical evidence during the time in service and after.

How about photographs that may show you during these time frames. These too would need someone to attest to their authentisisty and date taken.

Good luck, just remember to stick to it and keep a pro active handle on your claim, since you are the only one who knows it best.

Jim S. B)

[Guest Jim S.]

Not that you want to fake any symptoms, you should present yourself at your worst during any exam for the VA.

It is to your advantage to have a C&P exam. By your DAV SO suggesting that you be given one to help develope your claim, he is also setting the VARO up, should they not give you a C&P and deny your claim, thus possibly faily to assist you in obtaining evidence to support your claim.

If the VARO denies your claim, they would have to give you reason and basis for their decision why any evidence from a C&P wasn't necessary, on appeal. Especially if you could provide additional evidence of your MMD and GAD with a nexus statement, from an IMO, if at all possible.

If you already have an IMO with a nexus statement in the records, you might take that to your C&P should you be given one and make sure the examiner sees it, even though they are supposed to review all available records in the claim prior to seeing you or prior to writing their opinion. This way you are assured that the examiner sees it and most Dr's do not like to disagree with other doctors when something is pointed out to them.

Have you boddy statements, statements from family and or friends as to cover your time in service and during the period since? This will help support any medical evidence during the time in service and after.

How about photographs that may show you during these time frames. These too would need someone to attest to their authentisisty and date taken.

Good luck, just remember to stick to it and keep a pro active handle on your claim, since you are the only one who knows it best.

Jim S. B)

[holdingontohelp]

ok, still new to this. IMO stands for what?

As far as buddy letters, I will be submitting one from my former Sup,

command letterhead and all.

I am also trying to get a copy of a rejected clearence renewal.

If I hadn't gotton out when I did, I would have been "let go" since

I wouldn't have been able to walk in the door anymore.

I just got out in June, so I'm trying to gather everything while my memory

is still fresh. B)

Edited October 22, 2005 by holdingontohelp

[Guest Jim S.]

IMO stand for "Independant Medical Opinion", Have you seen a privet Dr for MMD or GAD?

If you just got out, and it is within one year, then if you records while in the service with these diagnoses, and if you have current diagnose of MMD and GAD from a private Dr. and he says it is related to your inservice diagnosis, then it would be hard to refute these findings.

Also, if your enlistment physical does not list MMD or GAD as pre-existing, then their is a presumption of sound condition at time of enlistment.

Jim S. B)

[carlie]

Hi Holdingon,

VA form 21-22 ( Power of Attorney for Representation ) pretty much authorizes a SO to do anything they want with your claim. Another hadit member on the old board ( Senior Flip ) pointed this out to me.

The SO doesn't have to have any additional info. or permission from you pertaining to your claim, in other words they have carte blanche over prosecuting your claim,

and if they F it up you don't have much recourse.

Here are the basics of the form you probably signed.

Someone else can probably provide you a direct link to it, I am unable to accomplish this.

I authorize the VA facility having custody of my VA claimant records to disclose to the service organization named in Item 3A all treatment records relating to drug abuse, alcoholism or alcohol abuse, infection with the human immunodeficiency virus (HIV), or sickle cell anemia. Redisclosure of these records by my service organization representative, other than to VA or the Court of Appeals for Veterans Claims, is not authorized without my further written consent. This authorization will remain in effect until the earlier of the following events: (1) I revoke this authorization by filing a written revocation with VA; or (2) I revoke the appointment of the service organization named above, either by explicit revocation or the appointment of another representative.

NOTE: As long as this appointment is in effect the organization named herein will be recognized as the sole agent for presentation of your claim before the Department of Veterans Affairs in connection with your claim or any portion thereof.

OMB Approved 2900-0321

Respondent Burden: 5 minutes

APPOINTMENT OF VETERANS SERVICE ORGANIZATION

AS CLAIMANT'S REPRESENTATIVE

Note - If you would prefer to have an individual assist you with your claim, you may use VA Form 21-22a, "Appointment of Individual As Claimant's Representative".

IMPORTANT - PLEASE READ THE PRIVACY ACT AND RESPONDENT BURDEN ON REVERSE BEFORE COMPLETING THE FORM

1. LAST-FIRST-MIDDLE NAME OF VETERAN

2. VA FILE NUMBER (Include prefix)

3A. NAME OF SERVICE ORGANIZATION RECOGNIZED BY THE DEPARTMENT OF VETERANS AFFAIRS (See list on reverse side before selecting organization)

3B. JOB TITLE OF OFFICIAL REPRESENTATIVE AUTHORIZED TO ACT ON VETERAN'S BEHALF

INSTRUCTIONS - TYPE OR PRINT ALL ENTRIES

4. SOCIAL SECURITY NUMBER

5. INSURANCE NUMBER(S) (Include letter prefix)

6A. SERVICE NUMBER(S)

6B. BRANCH OF SERVICE

7. NAME OF CLAIMANT (If other than veteran)

8. RELATIONSHIP (If other than veteran)

9. ADDRESS OF CLAIMANT (No. and Street or Rural Route, City or P.O., State and ZIP

Code)

10. CLAIMANT'S TELEPHONE NUMBER (Include Area Code)

B. EVENING

A. DAYTIME

11. DATE OF THIS APPOINTMENT

12. AUTHORIZATION FOR REPRESENTATIVE'S ACCESS TO RECORDS PROTECTED BY SECTION 7332, TITLE 38, U.S.C.

Unless I check the box below, I do not authorize VA to disclose to the service organization named on this appointment form any records that may be in my file relating to treatment for drug abuse, alcoholism or alcohol abuse, infection with the human immunodeficiency virus (HIV), or sickle cell anemia.

13. LIMITATION OF CONSENT - My consent in Item 12 for the disclosure of records relating to treatment for drug abuse, alcoholism or alcohol

abuse, infection with the human immunodeficiency virus (HIV), or sickle cell anemia is limited as follows:

I, the claimant named in Items 1 or 7, hereby appoint the service organization named in Item 3A as my representative to prepare, present and prosecute my claim for any and all benefits from the Department of Veterans Affairs based on the service of the veteran named in Item 1. I authorize the Department of Veterans Affairs to release any and all of my records, to include disclosure of my Federal tax information (other than as provided in Items 12 and 13), to that service organization appointed as my representative. It is understood that no fee or compensation of whatsoever nature will be charged me for service rendered pursuant to this power of attorney. I understand that the service organization I have appointed as my representative may revoke this power of attorney at any time, subject to 38 C.F.R. §20.608. Additionally, in those cases where a veteran's income is being developed because of an income verification necessitated by an Internal Revenue Service verification match, the assignment of the service organization as the veteran's representative is only valid for five years from the date this form is signed.for purposes restricted to the verification match. Signed and accepted subject to the foregoing conditions.

THIS POWER OF ATTORNEY DOES NOT REQUIRE EXECUTION BEFORE A NOTARY PUBLIC

15. DATE SIGNED

REVOKED (Reason and date)

VA FORM 21-22-1 SENT TO:

ACKNOWLEDGED

(Date)

DATE SENT

EDU FILE

INSURANCE

FILE

CER FILE

DEA FILE

LG FILE

CH. 30

CLAIMS FOLDER 1

SUPERSEDES VA FORM 21-22, JUN 2002, WHICH WILL NOT BE USED.

VA FORM

JUN 2003

VA

USE

ONLY

21-22

14. SIGNATURE OF CLAIMANT (Do Not Print)

Any data typed after screen scrolls will not print.

Copy 2 for Service Organization and Copy 3 furnished at printing.

(This is a mandatory field.)

(mm/dd/yyyy)

(mm/dd/yyyy)

(This is a mandatory field.)

Page 1 of 2

Go to Page (1-2):

Printing requires Adobe Acrobat Reader.

[holdingontohelp]

Carlie, you'd think after 10 years I'd know enough to take every form to a lawyer,lol.

Thanks for the info, though, sure it will come in handy.

I enlisted in 95 with mild depression, I have no promblem telling them it

pre-exesited. No other MH issues for a long time.

Got out in 99, came back in 99 (long story,lol). Again no issues untill 2002.

I've found around 6-10 neuxs's, all happening around the same time frame.

Saw a military P-doc for about 6 months. I also went on medication for the 1st

time ever. I was kinda desperate.

Then I was ok for a while. Then in Feb-ish of 04, I went to my GP, since my

meds just weren't working anymore. And I added on a new one.

In June 05, I got a Civ P-doc's eval, cause I thought it would be nice to

have more pieces of paper in my house. She confirmed GAD/MMD/ED-NOS.

(ED-NOS dose not count here, since I was never sick enough. For the VA,

at least).

So here I am, currunt GAF of 60. When I saw the P-doc in 02, Gaf was 61-70-ish.

And I belive I've gotton worse since coming in, esp. this last enlistment.

I sure as heck didn't need 2 drugs to make it though the day before I came in.

Unfortunitly, my 60 GAF was a normal day GAF, since I didn't know the whole

present at your worst thing.

But I plan to pound them with paperwork for a long while yet.

The goverment helped make me crazyer, even if I'm rated 0% for life, they will

still have to put up with me,lol.

Only happy pills could make the VA funny B)