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rickj55

Abestos Lung Desease And Copd

11 posts in this topic

Hello all,

I was just recently awarded a 30% disability due to asbestos exposure while on active duty. This came after a denial of my claim which was overturned by a DRO. My problem is in the award it stated my condition warranted a 60 %, but was reduced to 30 because I have COPD as well. My VSO told me they can't do that, that the 2 conditions are "inextricably intertwined" and I should be rated for both. Any one have the evidence I need to fighyt this further? Also in the original statement made by the examiner he stated I told him I was not on oxygen theraphy. This was not true I told him I was. What should I do?

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If it was my claim I would get a medical opinion that refutes the DRO and also ask for a review cause of the inaccurate information including any paper work that shows you actual condition and use of oxygen.

I would also ask your VSO to help.

Welcome to Hadit

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Hello all,

I was just recently awarded a 30% disability due to asbestos exposure while on active duty. This came after a denial of my claim which was overturned by a DRO. My problem is in the award it stated my condition warranted a 60 %, but was reduced to 30 because I have COPD as well. My VSO told me they can't do that, that the 2 conditions are "inextricably intertwined" and I should be rated for both. Any one have the evidence I need to fighyt this further? Also in the original statement made by the examiner he stated I told him I was not on oxygen theraphy. This was not true I told him I was. What should I do?

Here is the reg you need to use: That decision was flawed.

3.383 - Special consideration for paired organs and extremities.

(a) Entitlement criteria. Compensation is payable for the combinations of service-connected and nonservice-connected disabilities specified in paragraphs (a)(1) through (a)(5) of this section as if both disabilities were service-connected, provided the nonservice-connected disability is not the result of the veteran's own willful misconduct.

Read more: http://cfr.vlex.com/vid/383-consideration-paired-organs-extremities-19775527#ixzz1D11IwLA1

Basser

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Hello all,

I was just recently awarded a 30% disability due to asbestos exposure while on active duty. This came after a denial of my claim which was overturned by a DRO. My problem is in the award it stated my condition warranted a 60 %, but was reduced to 30 because I have COPD as well. My VSO told me they can't do that, that the 2 conditions are "inextricably intertwined" and I should be rated for both. Any one have the evidence I need to fighyt this further? Also in the original statement made by the examiner he stated I told him I was not on oxygen theraphy. This was not true I told him I was. What should I do?

Good Luck. My husband is on oxygen therapy on exertion and at night. He has pulmonary fibrosis and was exposed to agent orange. He also has Asthma. I wish they would recognize this. They did the IHD with AO, but not the lung disease.

Can you apply for Asthma with an agent orange connection?

He has also applied for PTSD. I have seen somewhere that some have said that there might be a link between Asthma and PTSD, but I really do not know.. It was not on this site, I do not think.

Mrs. Rockman

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Asthma is a lung condition. This is a question of the following?

The Veteran in this case has a service connected lung condition and another lung condition non service connected. They took away half of the rating because they decided they could. Well, they cannot do what they did to this vet.

You may be able to file a claim for the asthma aggravating your husbands IHD. Check into it.

Hope this helps.

J

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John can you expand on that?

Are you saying the lungs are a paired organ?

This vet must fight this decision-they are probably saying the COPD and any lung problems are not related but the VSO is right- they are "inextricably interwoven." ( COVA legalize) and the asbestos disability Must be aggravating the COPD unless somehow the COPD was diagnosed prior to the asbestos Problem???

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