I knew this was hidden somewhere but it took a while. I had to go line by line in the VHA handbook. Squidly One had reported back to us that his PCP held up the crucifix and recited the incantation to fend off the devil Vet. What I find interesting here is that the VBA abrogates the responsibility for nexus letters when we well know that outcome. Imagine the attorney of the guy who rear ended you coming up and saying he’ll gladly represent you too-free. You see the analogy? Impartiality flies out the window and VA thinks the exact opposite because-hey- they’re your best friend and are there to serve you.
d. Medical Statements to Support VA Benefits Claims.
When honoring requests for medical statements by veterans for VA claims adjudication, care must be taken to avoid conflict of interest or ambiguity.
(1) Determination of causality and degrees of service connection for VA benefits is exclusively a function of the Veterans Benefits Administration (VBA). VHA providers often do not have access to military medical records, and may not be familiar with all the health issues specific to military service, such as environmental exposure. As a result, they may not feel comfortable in stating causality of a current condition. However, this does not preclude VHA providers from recording any observations on the current medical status of the veteran found in the medical record, including their current functional status. All pertinent medical records must be available for review by VBA. NOTE: VHA continues to provide compensation and pension (C&P) examinations and reports as requested by VBA, as part of any new disability claims or review process.
(2) Requests by a veteran for assistance in completing a VA disability claim are to be referred to VBA through official channels
In other words, report any attempt by Vets to obtain a nexus letter. If they want one, make them go out and get it on the civilian market. Otherwise, they can get it free from the VBA. Marie Antoinette said it best- “Let them eat cake”.
What was that phrase again? Non adversarial environment in which to present our claims? Hush, child. I’ll take care of all those nexus thingies.
In trying to get a nexus letter from my VA Dermatologist stating that the sun exposure in Vietnam contributed (not caused) to my skin cancer, she stated that she wasn’t going to reward me for not taking care of my skin and that I should have used sunscreen. Really? Using sunscreen in Vietnam would have been suicide even if it would have been available.
Sunscreen in RVN? These folks seem to think we reported to the Aid station if we cut ourselves on the metal banding tape on the 81mm mortars or a c-rat can. I’m guessing Capt. Charles could smell you 2 miles away if you had.
First, remember. VA has forbidden VA doctors to write nexus letters. That happened 8 years ago.Some do but they are not employed by VA-like Duke Medical personnel at Winston Salem. You need a professional IMO from a doctor who does this for a living-not a working doctor who sees patients.
My DH broached the subject of a nexus letter with one of his VA docs–who told him that
(paraphrased) he wouldn’t give him a nexus letter to help him get benefits due to a conflict of interest because he was currently under treatment. No apologies. He was told to write to a previous VA doctor in another state for the nexus letter.
Okay, then if the VA’s physicians are being told to say this, because this is the new policy, then the VA should pay the cost of the veteran’s visits to private doctors for a period of time sufficient for the private doctor to get acquainted with the veteran’s case.
(Anyone else hear this crap yet?)
Just for the record it was my new VA shrink that denied the nexus attempt. Same bat time, same bat channel though!
Bottom line is that if a Vet can’t afford healthcare then they are thus stuck with the VA examiner’s nexus. Of course if there is concrete evidence in your STRs for some conditions then they tend to shred ur…um I mean accidently “lose” your STRs. They always ask for evidence but even if you send them the golden egg, it is seldom weighed. They act as though they didn’t even read it, maybe they don’t, no way to tell either.
And when the Vet does in fact go out and get one on the civilian market, then they (the vA) says “Gee… anybody can pay a doctor to say and write anything. Sorry, but we have our hand on the VA C&P examiner’s side of the scale.”
Are these ZuZu’s petals?