FROM THE DAVID KORESH
MEMORIAL VARO IN WACO
Here’s an interesting decision. We don’t know if the chicken or the egg came first. We do know that WGM used this outfit out of Houston, but that is no guarantee of success up in David Koresh’s neighborhood. We’ve heard all manner of strange occurrences at the Wacko RO so another one with no nexus letter shouldn’t come as any surprise. At least they managed to fill out the Form 8 correctly and certify the appeal.Maybe WGM arrived at the Texas Veterans Commission (TVC) office with the nexus in hand and didn’t need an admonition to supply one.
One thing’s for sure. The TVC isn’t going to supply one and if you’re headed to a Texas Necktie party it’s a good idea to have one. Nevertheless, the gentleman from the TVC in Waco didn’t see fit to inform our Veteran friend. Therefore he becomes the odd man out when the music stops. This is sad. Perhaps criminal is a better word.
We all know what the program is and can preach about it all night. The VSO/TVC groups all know this isn’t going to get past V2 and take off without the nexus so what gives? Here we are in Washington D.C. with 2 or 3 years into an appeal and someone (VLJ George Senyk) has to be the bearer of bad tidings? Why even bother with a VSO if this is the case? Hell, why bother to appeal at all?
This is one of those classic examples of why you should either educate yourself on the process if you intend to DIY or get a real legal beagle. They may soak you for 20% but at least they know the ingredients for this recipe. Texas Tim is now up broken paddle creek with very few options. He can’t appeal to the Court because that would be futile. What could he possibly hang his Stetson on? The only viable option is Square 1-refile to reopen with a corresponding loss of his earlier claim date of 2008. Four years invested in this and nothing to show for it. I reckon down in Texas they have some cute phrase for when that happens and it’s probably more strongly worded that “Don’t that just take the cake?” or “Dang!” In South Carolina, we’d use the longest word ever invented for that purpose: “Shiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiii-i-i-t!”
asknod
Bethanie Spangenberg
kcraveiro
robinhoodesqvetsatty
Wesley McCauley
Veterans Claims Help 
Does anyone know, or can find out if one of the new disease/illness check-list style forms that physicians can fill out, be substituted for a nexus letter now? Thank you.
There is no space on the form, per se, devoted to the submittal of a nexus. It may be best to submit it separately. document-wise rather than as an addendum to the DBQ. Staples get removed and documents get separated. Best to make it a separate submission at the beginning of the clam. Read https://asknod.wordpress.com/2011/10/19/dick-tracy-101/
The checklist does not address the fact that the Dr. must state that he has read your service record and therefore it would not work. In addition the physician must be known to you for at least 3 months, or longer, and be familiar with your background and the form does not have enough room to fill in all of the pertinent details. That would be my take on your question Kiedove.
There is no requirement that the physician know you for 3 months, or any amount of time for that matter. The important thing is for him/her to note that the opinion given is based on your military medical records, and any and all subsequent treatment records. Then the doc must explain why/how this opinion was formed, by sound medical reasoning. This can definately take time and space. Both of which are absent on these DBQ forms.
The opinion I quoted was information gleaned from the “Nexus Bible” found on this site and it was the authors recommendation and presentation.
Correct. In order to be probative and give it some cachet, it will look better than a “canned” nexus from the Dr. Ellis’ and Dr Bash’s in the business. There is no legal requirement – just a common sense one that someone you go to for treatment is different from one you go to for a letter only. Having three months under your belt gives them time to get comfortable with you and know your circumstances.
Funny you should ask, as I have been advising Vets left and right about this. What I did was explain to my doc what was required to satisfy the vA’s requirement of an accompanied statement of rationale, and did it on a 4138. To prevent the seperation from the DBQ, I ensured my c-file # was clearly marked on each sheet with a sharpie.
How it works out is yet to be determined… details to follow.
“Stone Soup”
I wonder if he had private health insurance? If the only healthcare that a Veteran can afford is the VA then he was probably screwed in trying to obtain a nexus to begin with. VSOs know this, and unless a Vet goes running to them with nexus letters from a doctor, the subject will invariably elude all parties involved! Unless financially poor Vets like me can pull a “Wimpy” on private doctors: “I will gladly pay you back on Tuesday for a hamburger today” no nexus letter will find it’s way to the mailboxxxx.
If I recall the case correctly, WGM had great nexus letters (from private doctors) that were not used and became unnecessary. He was SC for his HCV by a DRO who woke up and smelled rotting flesh on a claim that one of his own had butchered. The VARO had stated that his hep was due to STDs in service yet denied the claim for misconduct for getting those STDs. The stench of CUE was too strong for that particular DRO. They then subsequently “lowballed” him on the rating (SOP) then granted 100% with the NOD at the VARO. Luckily I found my way to “AskNOD” soon after filing my claim or I would be standing in line with my VSO waiting for the BVA guillotine also. 🙂
Jeez… not even a nexus obtained for the HCV. I wonder who the genius was that advised him to proceed without one?
Wow, a definite how to on what not to do. Where was the Nexus? Incompetence runs rampent with the so called assistance out there as well. The person who was supposed to prepare tis case needs to be fired. This is the major reason for this website and I wish others would join in and get the right information prior to filing. An additional factor is that cases like this help to clog up the system. I do not doubt some of the Vets case but without the backup to follow it through what is the court to do?