Getting a Fair VA Disability Decision
As a professor of Legal Medicine, I have noticed that many veterans from across the nation
have problems getting their service connected injuries, illnesses and consequential conditions accepted and, if accepted, assigned the correct percentages of disability.
I was flabbergasted that a VA doctor denied a Korean War veteran's obvious claims for hearing loss from being in the artillery, frostbitten feet, and a torn thigh muscle. The VA doctor wrote that three years in the artillery did not contribute to his noise induced hearing loss and that he did not know if it was cold in Korea! He did not even exam the obviously ruptured leg muscle! This unfair abuse made me so angry that I drove 200 miles and examined the vet in his home where he was dying from cancer. As a Vietnam vet I did not charge for my medical report or the full day out of my office.
Unfortunately, Legal Medicine is not taught in medical schools. As I teach physicians I have found that many mistakenly think that VA's causation criteria "As Likely as Not" is the same as criminal law, "beyond a reasonable doubt". "As Likely as Not" is the physician's medical opinion based upon their education, training and experience, and their examination of the patient and medical records.
The VA routinely denies disability claims because there are no in service medical records and the veteran did provide a medical opinion report. There are many reasons service man or women are reluctant to see a doctor. In addition, often the in service medical notes are not extensive. This denial is overcome by the veteran telling their doctor their medical history and then the doctor providing their expert medical opinion report.
Our veterans served our country. They do not have to accept incorrect VA denials and disability rating percentages. Ellis Clinic offers to help by providing Expert Medical Opinion Reports proving the veteran's injuries, illnesses and consequential conditions are service connected and by providing fair and correct disability percentages.
John W. Ellis, M.D.
Captain, U.S. Army, Flight Surgeon - Vietnam
VA Disability Claims Require a Medical Nexus Report
What Is a Nexus Report?
A nexus report is a medical causation report where your physician provides the medical explanation of how your injuries or conditions are service connected. Unfortunately for our Vets, we have observed that many VA physicians, Physician Assistants and Nurse Assistants are not knowledgeable that the VA Disability law is supposed to be fair to vets.
Cost: $500 for up to 4 claims ($100 each additional claim.)
Examples: Back + Right Knee + Left Knee + Irritable Bowel Syndrome (IBS) + PTSD = 5 Claims = $600 Usually when a body part also has nerve injury it is treated as one claim. Back with sciatica into right leg is one claim, if into both right and left legs it is 2 claims. Wrist sprain and carpal tunnel median nerve injury would be 1 claim.
VA Medical Exam Aids
A report with several injuries and conditions with ratings and percentages
VA Joint Range of Motion Worksheet with Spinal Rating Codes & Percentages
With VA normal ranges of motion plus Spinal Rating Codes and Percentages
Index to VA Disability Benefits Questionnaires (DBQ)
VA worksheets with requirements for a medical report
C&P Service Clinician's Guide
Additional VA instructions and worksheets
VA Schedule for Rating Disabilities
VA Diagnosis Codes and Rating Percentages
Right to Select Your Physician
Medical Travel Payments
Supervisors Delaying Claims
OWCP Nurse Case Managers
Video Surveillance-Physician's Protocol
Employee Protected Health Information
Getting Fair VA Disability Decisions
Federal Employee Retirement System/FERS
VA Disability Rating
Social Security Disability
State Workers' Compensation
Schedule Awards & Impairment Ratings
How to File a Federal Workers' Comp Claim
Video Surveillance & Harassment
Your Right to Pick Your Doctor
Supervisors Delaying Injury Claims
Medical Travel Payments