Respiratory Conditions

[Army Veteran 2008]

In 2010 while I was on active duty training I was hospitalized for a month. For walking-pneumonia, pneumothorax, hemothorax ,decortication and thoracotomy. I had 3 major surgeries in 48 hours, 2 blood transfusion, placed in a chemically induced coma and placed on a ventilator and life support. I spent two weeks in ICU. While recovering I had to re-learn how to eat, talk and walk. I some how turned into a vegetable. With this being the first time I've every had to go to the hospital I was traumatized by the visit. At the time I was 19. Since this was ADT, and not AD a LOD was done and found "NOT IN THE LINE OF DUTY." "NOT DUE TO OWN MISCONDUCT." Because I was receiving treatment before going on active duty. I was doing Honor Guard for deceased veterans. When the funding became available I was placed on an ADT status. 

6 months after this incident I was deployed to Afghanistan. While there I was always short of breath. I continually coughed of blood and phlegm. I was medevac to a larger base that had better medical equipment to find what was wrong with me. I was diagnosed with bronchitis and given an antibiotic. It felt like I could never breath in enough oxygen. I stayed at a FOB that was in the middle of a village. Every couple of days the would dump human waste in the holes the locals dug and burn it along with other chemicals and material.

I have been filling for asthma since I returned home from Afghanistan. At the C&P exam I did when I first filled back in 2011, the decision letter stated "The provider referred to a period of inactive duty."  Service connect was denied. Which was a true state, but the provider never mention any of the incidents I had while on active duty in Afghanistan. With that a CUE claim has been filed and I now had another C&P exam coming up. I had PFT test done then and I had one done today. My question is which one will they use, and what if i run in to the same situation at the C&P exam. I have been on an albuterol inhaler since Ive been back I still continue to cough up phlegm and i constantly get respiratory infections. Im still always short of breath to where it affects my daily activates. It has gotten to the point where I become depressed because I'm not able to have fun with my two boys, as any father would and having to explain to them why I can't  run or why I can't wrestle with them is heartbreaking. Any advice would be helpful!

 

Respectfully,

Army Veteran 2008

[Berta]

With the 80% now, are you unemployed?

If you are have you considered filiing for TDIU?

"I have been filling for asthma since I returned home from Afghanistan. At the C&P exam I did when I first filled back in 2011, the decision letter stated "The provider referred to a period of inactive duty."  Service connect was denied. Which was a true state, but the provider never mention any of the incidents I had while on active duty in Afghanistan. With that a CUE claim has been filed and I now had another C&P exam coming up. "

Good for you! Even if the Evidence list included your SMRS, it seem they violated 38 CFR 4.6 by failing to consider this probative evidence regarding the asthma.

"I had PFT test done then and I had one done today. My question is which one will they use, and what if i run in to the same situation at the C&P exam."

You could CUE them again immediately.In that case I would file the CUE via the director's email or via IRIS as a complaint. ( been there done that myself) 

Do you also have a re-opened claim for these conditions?

In addition to the CUE claim?

Is that what the recent C & P exam was for?

Did it result from the CUE claim or from a re-opened claim?

Are your current treatment records from a private Doctor? If so make sure VA gets them for any re -opened claim.

If you are not employed, do you get SSDI and if so, is that solely for the same SC 80% issues?

Do you have a complete copy of your SMRs?

I am sure VA does but that does not mean they are able or willing to read them. The C & P doctor should have had them.

This sounds like another violation of 38 CFR 4.6 hours after I responded to the opther veteran.

Please read my link in that post to the Power of 38 CFR 4.6

 

Edited October 22, 2016 by Berta
sorry for many edits all the time.I write a lot for church reasons as well as other work I di and think of stuff after I have posted,and edit to add it

[Berta]

forgot to ask...are you able to scan their last denial and attach here--as to the Evidence list and their Reasons and Basis? Cover C file # prior to scanning.

Did you yourself or a vet rep prepare the CUE...it would help if we could see how you shaped it.

Thank you for your Service! and thanks too for filing a CUE,.... just about an hour ago I replied here to someone else that I bet there are more potential legal errors in decisions than we will ever know.And vets often do not take the time to see if they have a CUE potential.

My CUEs were filed on award letters so it just goes to show whether denial or award, the VA can and will bugger it all up to the veteran's detriment ...or to their surviving spouse like me.

And it happens by far more then we think...in my opinion.

VA does not want us to study and use their regulations against them, when potential is there.

[Gastone]

I missed it, what exactly makes up your Combined 80% SC Rating?

More info always makes it easier on us. Posting Redacted copies of your Award/Denial Letter would be very informative and Helpful.

When you got your 80% SC Award, was there any mention of an "Inferred Individual Unemployable Claim" mentioned or referenced?

Not sure but I don't recall seeing an Presumptive Conditions associated with fumes from burning Shite'rs, Nam or I & A. Could be wrong.

Semper Fi

[Army Veteran 2008]

Hi Berta,

No ma'am I am not unemployed. I have not considered TDIU because if my age. I'm only 25. I am really bad with acronyms SMR's?? What would the second CUE be for? This CUE Claim is for Pneumothorax, Hemothroax, Decortication and Thoracotomy with concurrent claims of Respiratory Conditions, Sleep Apnea, and Chronic Fatigue. The CUE claim and Asthma and Costrochondritis have been reopened twice and denied both times since coming back from Afghanistan. No new appointments were made after the first denial. This is the first appointment I have had since the last denied reopened claims. I also have an appeal going for Asthma, and Costrochondritis. All of my treatments have been at the VA, except for the incident in 2010 while on ADT, which has been given to the VA to include with my medical history. 

[Army Veteran 2008]

Sorry no scanner. The CUE reads,  I am making a CUE ("clear unmissable error") claims for asthma, costrochondritis, pneumothorax, decortication, hemothorax and the thoracotomy. The VA committed legal error when it denied these claims on August 2013.

The VA's 2013 denials do not mention my service on active duty in 2011. the army issued active duty orders in August of 2011 and I was sent to Afghanistan. I have enclosed copies of those orders. Because I was on activity, I am entitled to the presumptions of soundness and aggravation; 38 USC 1111 & 1153.

When the VA over looked the presumption of soundness and aggravation it committed CUE.

 

 

 

[Berta]

Gastone is right...when we can read the actual words verbatim here, from the VA, we can help much more.

The claims process is a War of the Words.

 The CUE claim and Asthma and Costrochondritis have been reopened twice and denied both times since coming back from Afghanistan. 

So the CUE was denied and the asthma, costrochondritis  ( I need to look that up) have all been denied?

Do you have any claims pending now?

Did you file a NOD timely for anything they denied?

I am lost.