It’s important to learn about the process for obtaining medical evidence to satisfy the nexus requirement before embarking on VA compensations claims. The format of this linkage evidence is fairly straightforward – all a veteran usually needs is a letter or statement from a physician (private or employed by the VA). Occasionally the linkage evidence will be provided by way of military medical records or a physician’s in-person testimony.
However, the content of the doctor’s statement is absolutely crucial to successful VA compensation claims. The medical opinion linking a veteran’s disability to a precipitating service incident must be based on examination and analysis, not just the veteran’s testimony, and must detail the reasoning used by the physician to arrive at the opinion.
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It’s also important that the wording of these opinions is very clear and specific – fuzzy or vague language has been a frequent cause of claim denials in past cases. The VA can and frequently does rule medical experts’ opinions inadequate if analysis and reasoning are not explicitly present in the opinion.
Choosing the right medical expert is also key to successfully arguing VA compensation claims. The expert does not have to be a doctor, but must have some sort of medical training in the field relevant to the veteran’s impairment. Examples of possible experts included nurses, psychologists, and social workers. The better trained and better-respected your medical expert is, the more likely the VA is to rule favorably on his or her opinion, so choose carefully.
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Evidence other than medical opinions can also be submitted to support VA compensation claims. Examples of this usually include studies and articles found in medical journals. Although these will not be sufficient to prove a nexus of evidence, they may support the case and sway the VA when the medical opinions provided are not quite definitive enough.
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If a veteran doesn’t present a medical opinion in his or her claims case, the VA will provide for an examination so that an opinion can be obtained. However, the VA will only do so if the veteran provides sufficient evidence of the disability and of an incident during service that could have led to the disability. The VA will throw out the case if there is “no reasonable way” that an exam would lead to a favorable ruling.
The VA can also rule that veterans providing medical opinions submit to an additional exam conducted by a VA physician – this usually happens when the VA is seeking to disprove a case. If this happens, keep calm and work with your disability lawyer to ensure that you have provided as much evidence as possible to strengthen your case.
Finally, it is possible to re-apply for veterans benefits if your case is denied. Veterans who are re-opening claims cases should be aware that new evidence will be required before the VA will revisit your case. The evidence necessary will depend on the reason you were denied veterans benefits in the earlier case. The road to winning VA compensation claims cases can be difficult, but with the help of a qualified disability lawyer, you’ll be within reach of the veterans benefits that you deserve.
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