Nod, Helping A Friend. Need Feedback

[Scout Swimmer]

I am writing this statement in support of claim for my asthma contention that is currently on appeals

I would like this claim to be considered as a Presumptive condition related to environmental hazard, Gulf War. "The "Persian Gulf War Veterans' Benefits Act" authorizes VA to compensate any Gulf veteran suffering from a "qualifying chronic disability," resulting from an undiagnosed illness or combination of undiagnosed illnesses, appearing either during active duty in the Southwest Asia theater of operations during the Gulf War, or to a degree of 10 percent or more within a presumptive period following service in the theater. I feel am entitled to this benefit because I was stationed in Oman in 2002 for Operation Enduring Freedom, which is specifically listed under the Southwest Asia of Operations.

Also, when I was denied for asthma on my original claim, the C&P examiner denied me on a direct connect bases and opined that I did not have an asthma condition and that I just suffered from Sinusitis. This is an error because 1) I suffer from both. 2)Both should be presumptive under CFR 38 3.317/ http://ecfr.gpoacces....1.1.4.1.66.115.

My Sinusitis is secondary to my asthma,and I wish to be rated as such. I also submitted a diagnosis of asthma from an IMO with my initial claim, which is a qualifier needed for The "Persian Gulf War Veterans' Benefits Act.

I feel I should be granted for these two contentions because I have no family history of this condition. I am not overweight, I have never used tobacco products of any kind. I believe both conditions are due to these environmental conditions listed above.

Thank you for your time and for all you do.

Respectfully Submitted,

Edited January 23, 2015 by Tbird

[Berta]

"Also I noticed someone suggested The breathing diesel gasoline from aircraft can cause asthma like conditions that are compensatable. This veteran worked on an airbase flight line and Oman and says she was subjected regularly to aircraft fumes."

These types of claims need lots of legwork.

Such as this BVA decision:

In part:
:
"The Veteran's treatment records reveal that the Veteran has been variously diagnosed with exercise induced asthma, asthma, and reactive airway disease."
and
"Drs. M.M. and C.N.B. related the Veteran's asthma to the Veteran's exposure to jet exhaust in service. A VA specialist, after review of the claims file, rendered the opinion in October 2010 that the Veteran's asthma was more likely induced by the Veteran's exposure to chemicals during her last dates of active duty service. As such, entitlement to service connection for asthma, obstructive lung defect, to include as due to chemical exposure in service, is granted."
and

"The Board finds that entitlement to service connection for asthma, obstructive lung defect, to include as due to chemical exposure in service, is warranted. The Veteran's service records reveal that the Veteran was exposed to jet exhaust and 1,1,1 trichloroethane. Drs. M.M. and C.N.B. related the Veteran's asthma to the Veteran's exposure to jet exhaust in service. A VA specialist, after review of the claims file, rendered the opinion in October 2010 that the Veteran's asthma was more likely induced by the Veteran's exposure to chemicals during her last dates of active duty service. As such, entitlement to service connection for asthma, obstructive lung defect, to include as due to chemical exposure in service, is granted."

"ORDER

Entitlement to service connection for asthma, obstructive lung defect, to include as due to chemical exposure in service, is granted."

http://www.va.gov/vetapp11/Files2/1110295.txt

In this case the veteran had medical evidence that associated her asthma with her proven inservice specific chemical exposure and strong independent medical opinions , such as the one from Dr C.N.B. which I assume is certainly from Dr. Craig N. Bash.

The IMO format I developed here was based on the IMOs I obtained from Dr. Bash.

Dr Bash has done many radio shows with us in the Radio show archives here and is very user friendly.

Words like maybe, possibly, 'saying he beloved " (believed)"the condition was caused by her military service. ',

and unrationlized 'beliefs' etc etc will not support a claim like the one you have been helping with.

Maybe something in the veteran's SMRs has been overlooked and any good IMO doc will need to thoroughly review the SMRs.

And then determine exactly what the veteran was expoxsed to that could have caused the asthma and related problems.

Treatises and medical abstracts can also bolster claims like this.

http://www.gulflink.osd.mil/vet_help/med_conf/med_conf_exp.jsp
http://www.veteranshealth.org/Persian/uranium.html
http://www.va.gov/RAC-GWVI/docs/Committee_Documents/GWIandHealthofGWVeterans_RAC-GWVIReport_2008.pdf
http://www.cdc.gov/nceh/veterans/vet_hlth_actvy.pdf

But it is far better for a IMO doctor to use a correlating study,in their IMO ,than to use one without a strong IMO.

JohnDorley ,Dr. Bash's right hand man, a fabulous vet advocate can be reached here:
benefitsagent@comcast.net

Dr Bash can be reached here:

4938 Hampden Lane
Bethesda, Md 20814

cell 240-506-1556
Fax 301-951-9106

WEB sites:
www.veteransmedadvisor.com
www.craigbashmd.com
www.disabilitymedicalhelpforvets.com

[Scout Swimmer]

Berta, you are a genius.

Just got off the phone with Dr. Bash, The jet fuel is the first thing he asked me about. She worked on the flight line in Oman for 7 months and was regularly exposed.

He offered to write opinions connecting her sleep apnea, sinusitis, and asthma all together because he thinks its a multi illness thats all linked together. He wants to meet us in Minneapolis with a check for 5000.00. Not cheap!

He seems to think her asthma condition is a 100% claim by itself...

Does this sound right? Should I trust this guy?

Any guidance would be appreciated

Edited January 27, 2015 by Philgrenier

[free_spirit_etc]

Sorry. I missed that part. I only saw that the doctor had diagnosed her with asthma, but not that he had provided a nexus. Pointing out anything the doctor stated in the NOD would help make the NOD stronger.

This was part of my argument to the BVA on my claim:

1. Two independent medical opinions were submitted at the September 3, 2013 Board Hearing. Both opinions are well-articulated and based on pertinent evidence in the medical records. Both opinions were written by specialists who are Board Certified in their respective fields in oncology. Both specialists have the requisite knowledge and experience to opine on the medical issues involved in the claim. Additionally, one of the specialists, Dr. xxxx, reported his experience doing bench research analyzing cell survival curves / growth rates.

2. Both specialists clearly stated that it is more likely than not that my husband’s lung cancer had its onset while he was serving in the Air Force. Their conclusions were based, in part, on the size of my husband’s tumor when it was surgically removed in 2000, the standard established growth rate of my husband’s type of cancer, the actual reported growth rate of my husband’s tumor prior to the start of his chemotherapy, the amount of time it took for my husband’s cancer to once again become detectable by CT and PET scans after his September 2000 surgery, the relatively small size of my husband’s recurrent tumor three years post-surgery, and the fact that it took a significant amount of time for his cancer to become lethal.

She does have a statement from her private doctor as well, saying he beloved the condition was caused by her military service.

[Berta]

Dr Bash is expensive, but in my opinion, his 2 IMOs were excellent investments I made for my DMII AO death claim.

Like my husband's AO IHD, the DMII was never diagnosed or treated by the VA.

I already won under 1151 so could not present the claim that way. They cannot rate it.No accrued.

But considerable other ancillary benefits came with the direct SC award.

And even if an IMO renders SC award ,but with a lowball SC rating, that can always be appealed , and the fact is most disabilities get worse in time.Best to get any SC rating before one gets too ill to even deal with this stuff. These IMOs are often a long term investment.

I cant opine on the 100% because I don't know enough about the claim.

I found many asthma vets at the BVA developed COPD also and other conditions that might have been caused or exacerbated by the asthma and they could boost any SC ratings as secondary conditions,at some point.

As a former VA doctor, Dr. Bash also knows what is needed for the rating criteria for each disability..

Also Dr Bash will make note of any other conditions that we lay people might have overlooked, in the claim, that have an SC potential and will add that to his IMOs.

I have known Dr Bash since 2005 and I have complete trust in him.

I brought him to Jerrel Cook and the older SVR radio shows here years ago and he and John Dorley still come on as blog radio guests here at hadit, with fabulous info.

.

Edited January 27, 2015 by Berta

[Scout Swimmer]

Thank you Berta,

I have taken your advise before and landed always on high ground. I am about to again.

[63SIERRA]

Berta, you are a genius.

Just got off the phone with Dr. Bash, The jet fuel is the first thing he asked me about. She worked on the flight line in Oman for 7 months and was regularly exposed.

He offered to write opinions connecting her sleep apnea, sinusitis, and asthma all together because he thinks its a multi illness thats all linked together. He wants to meet us in Minneapolis with a check for 5000.00. Not cheap!

He seems to think her asthma condition is a 100% claim by itself...

Does this sound right? Should I trust this guy?

Any guidance would be appreciated

You can trust him.. he also works with a benefits expert.. You get the best of both worlds.

JohnDorley ,Dr. Bash's right hand man, a fabulous vet advocate can be reached here:

benefitsagent@comcast.net

Edited January 27, 2015 by 63SIERRA