tinnitus Abestos Exposure Claim

[68mustang]

I file a VA claim back in 2002 for residuals of asbestos exposure,also claimed as asbestosis and pulmonary fibrosis. The claim was denied because the VA examiner reported that his findings for the lung studies including spirometry, lung volume,and diffusion with negative chest x-ray were normal. I don't believe that the x-ray was interpreted by a B certified x-ray reader. When I did the lung studies the examiner had me perform the tests to the point of complete exhaustion. I felt that he was making sure that I passed those tests no matter how they affected me.

The denial letter stated that private records from my doctor had not been received. It also stated there was an outstanding request for a CT scan of the chest, which was done in 1998. The denial letter also mentioned that the current exam done by the VA was sufficient evidence to determine that there were no diagnosed conditions and there was no need for additional information. The denial letter also mentioned that should the missing evidence be received, it would be reviewed to determine if any other action would be necessary.

The VA did receive a copy of the CT scan of the chest after the denial was made. However the VA never used the information to complete a review to determine if any other action would be necessary.

The CT scan of the chest report that was made by a private radiology office stated that I had a small linear area of increased density in the left lung base that probably represented pulmonary fibrosis. Their impression was that the small linear area of increased density seen in the left lung base more likely represented pulmonary fibrosis.

I was stationed on a WWII era destroyer that was built with asbestos in all areas of the ship. I worked with asbestos in the boileroom and engineroom with no protective equipment. The VA acknowledges that I provided references to support my report of asbestos exposure in service. I had no occupational exposure to asbestos before or after my military service.

Does any one have any idea whether it would be worthwhile to file a claim again being that I now have 10% bilateral tinnitus? I don't believe that the missing evidence was ever used by the VA and that makes me think that I should refiled the asbestos VA claim again.Thanks.

68mustang

[68mustang]

68mustang,

About a year ago, I worked with a veteran who won an asbestos exposure case, and his MOS was not as solid as yours in proving pulmonary fibrosis caused by asbestos exposure. Dr. Bash reviewed his imaging films and diagnosed the disease. He is a neuroradiologist and is very good at reviewing cases of asbestos exposure. It's good to remember that a radiologist is "a doctor's doctor," in other words, when doctors can't assess fully what's going on, they order diagnostic imaging and strongly consider (if not rely on) the radiologist's opinion about the imaging results. Pulmonary fibrosis has numerous causes; one is asbestos exposure which shows up distinctively on diagnostic images.

Sometimes a diagnosis in plain English is all you need to win your claim. (I say sometimes because some at the VA can't read well.) Considering your MOS and a correct diagnosis, this should reach the level of "at least as likely as not" and should be ruled in your favor.

Don't give up.

On a side note, since your exposure to asbestos is irrefutible (based on accepted medical studies), keep careful watch over any bladder problems. The veteran I mentioned also got bladder cancer while in the claims process and it also was linked to his military asbestos exposure. The latent factor of asbestos injury can be 30-40 years.

Also, in the case for DIC benefits, it's important to fight for rating any condition that might be determined as primary cause of death.

Don't give up.

Thanks for the info you all have been a great help.

68mustang

[jbasser]

Mustang, The Va has been denying my asbestos claim for years. (1994) I was actually an asbestos worker.( insulator

Dont give up.

[68mustang]

Mustang, The Va has been denying my asbestos claim for years. (1994) I was actually an asbestos worker.( insulator

Dont give up.

Thanks for the info. Where was it that you were an asbestos insulator? I got exposed working in the boileroom during the time that the ship I was stationed on was in shipyard for an overhaul. 68mustang