hypertension file a reconsideration?

[gbat]

Hello All,

I just seen my c&p exam results. I filed for a loss of organ claim secondary to TCE exposure, from working with TCE for 15 years. Had a nexus from wrii exposure VA doctor saying it was at least as likely as not being exposed to TCE for a prolonged period caused it. My two questions. Dr. David Anaise  will do an IMO after I send him all that I have on it. Do you think two against one opinion would turn it in my favor and what form or how do you file for reconsideration instead of two year NOD wait? The examiner basically referred to this website below for his diagnosis for least likely statement. I did smoke pack a day and I am 6' 2" 230 pounds.

Thank you

 

 

please refer to scholarly article,

https://www.ncbi.nlm.nih.gov/pmc/articles/PMC3012455/

for details.

main risk factors for kidney cancer are cigarette smoking, obesity and

hypertension.

veteran has history of smoking cigarette, and also has obesity.

currently there is no evidence that exposures to chemicals including

trichlorethylene and other solvents cause or aggravate kidney cancer.

the author concluded tghat " casual conclusions are not yet

supported "

and that " Genetic susceptibility and its interaction with

environmental

exposures are believed to influence renal cell cancer risk, but limited

studies based on candidate gene approaches have not produced conclusive

results."

therefore, to answer question asked, veteran's kidney cancer is

LESS

likely related to military service; as there is no definitive evidence

that exposures during service caused or aggravated the kidney cancer.

[gbat]

Any  thoughts??

[Berta]

Dont give up, and you can ask for a reconsideration with new and material evidence,within the NOD year, but make sure you file a NOD in time if they do not award under the reconsideration.

Although the first claim I found at the BVA on the same basis was denied, I found this more recent claim:

https://www.va.gov/vetapp15/files6/1552002.txt

The veteran had died and it was from the widow.This was a Camp Lejeune bad water claim-

is yours a Camp Lejeune claim,

if not is there a strong nexus to the TCE you were exposed to?

This veteran had smoked too but had stopped smoking. He supplied an IME and his widow after he died sent two additional IMOs.

In part the decision states

"The mandate to accord the appellant the benefit of the doubt is triggered when      the evidence has reached a stage of balance.  In this specific instance, the Board is of the opinion that the evidence is at least in equipoise regarding the question of whether a disability of service origin contributed to the Veteran's fatal condition and ultimately aided or lent assistance to the production of his death.  In view of the foregoing, the benefit of the doubt rule will be applied, and service connection for the cause of the Veteran's death is granted.  38 U.S.C.A. §§ 1110, 1116, 1310, 5107(b) (West 2014); 38 C.F.R. §§ 3.102, 3.303, 3.312 (2015).


ORDER

Service connection for the cause of the Veteran's death is granted."

REMAND (the remand was for the accrued benefit claim.)

 "Do you think two against one opinion would turn it in my favor "

If both of the two were significant with a full medical rationale and that followed the IMO/IME criteria here at hadit.

But do you mean you already have a strong IMO and one more would make it two?

meaning this:

"Had a nexus from wrii exposure VA doctor saying it was at least as likely as not being exposed to TCE for a prolonged period caused it" did this doc have your SMRs and also give them a medical rationale?

yet they gave you another C & P exam? .....can you explain that?

I would hate to see any vet pay $$$ for an IMO they might not need.You dont have the decision yet ,do you?

Then again I paid for 2 IMos for my DMII AO death claim, and even ordered and paid for another one I didnt need, because the BVA awarded faster than the IMO doc could write it.The BVA also agreed with my lay medical assessment of the 3rd C & P exam they did posthumously and sh-t canned it.

I also had a neuro Freebee IMO and also the VA had to consider that,although this was not a 1151 claim, I gave them the FTCA/1151 awards I had received for wrongful death (malpractice)

Undiagnosed. untreated DMII contributing to death.It was the most important claim I ever had and I was not goping to take any chances on letting them deny with their 3 bogus C & P exams but please clarify what the VA doctor stated ...was this on a DBQ? But the other doc tried to go against the claim?

The C & P docs google stuff andf they pick, in my opinion, anything that can be used against a claim, whereas if we claimants google we an find stuff that supports the claim.

But any medical lit or treatises have far more value if the IMO doctor cites them.

 

 

 

[gbat]

Berta,

Thank you for your insight,

In my opinion, the Nexus below is/was very weak because it was from  the report from a WRIIS assessment and didn't really have full medical rationale , even though a VA occupation & environmental doctor did it. This below is from that assessment: This is not a C&P exam.  I then filed a claim and got the C&P exam,  results  are posted in above in original post,Which the doctor was very pleasant at time and basically just referenced a website for least likely as not answer. So to counter balance I thought I would spend the money and get an good IMO. Mind you I am going to wait for the BBE first, but with that poor C&P, the writing is on the wall. I also submitted buddy statements concerning length of time and private Dr. records. Which I am out of a kidney not much to exam but the paperwork part. It was laparoscopic so not that big of a scar either.

 

On other question, How to file reconsideration? Is there form or do I just hand it back in with note. VSO not much help, said these claims are very tough, and long battle. Also told me there is no such thing as a reconsideration just put in NOD once BBE gets here with negative results. Never easy I guess!

Solvents- You described being regularly exposed to several solvents including

degreasers, PD680, cleaning fluids, and paint in the course of your 14 years in

military service. These solvents can cause a variety of health problems

including headaches, nausea, dizziness, drying/peeling of the skin and a skin

rash particularly upon repeated skin contact. Though these problems often

resolve soon after the exposure terminates, chronic exposure to high levels of

certain solvents has been associated with the development of certain cancers,

including kidney cancer.

Of note, you also have a history of cigarette smoking for approximately 20

years. Cigarette smoke is a well-established cause of kidney cancer. On average,

smokers have a 50% increase in risk of kidney cancer. For more information about

the risk of kidney cancer and smoking please visit

http://www.cancerresearchuk.org/cancer-help/type/kidney-cancer/about/risks-andcauses-

of-kidney-cancer.

It is not clear from your medical records, what type of kidney tumor you had,

making it difficult to determine with certainty the relationship between your

solvent exposure and your diagnosis of kidney cancer. But it appears that it is

as likely as not, that your long history of solvent exposure may have

contributed to this diagnosis.

 

[Wayne TX]

I was rated a 0 compensation on one claim condition that really shocked me!  I immediately filed a reconsideration before I filed a NOD.........and just 3 1/2 months later I was awarded 10%.  In this instance filing a reconsideration was to my advantage because the evidence was clearly overwhelmingly in my favor and who wants to wait  2 years on a NOD when clear and indisputable evidence already exists. BTW.....the evidence was also there the first time and they said okay we see your disabled but it is not compensable.......BS!   My two cents.....I would try reconsideration first if you have undeniable evidence before submitting a NOD........if your evidence is borderline in anyway just wait for NOD to play out. 

Edited April 26, 2017 by Wayne TX

[Berta]

 " Also told me there is no such thing as a reconsideration "-yeah, I even had to enlight a well known  vet lawyer about that. Even BVA decisions can be reconsidered under certain BVA rules.

There are a few members here to include me who have filed and won Reconsideration requests.

I just wrote them a letter but I dont know if there is a form to use.Forms are found at the VA main site or here under a search.

Broncovet added the M21-1 MR info on Reconsideration Requests:

http://community.hadit.com/topic/65759-reconsideration/

This might weigh the scales to Benefit of Doubt: (I say Might weigh the  scales equally but don't forget who owns that BOD scale.

 "But it appears that it is

as likely as not, that your long history of solvent exposure may have

contributed to this diagnosis."

But it needs a full medical rationale and referral to your inservice STrs, MOS  and inservice nexus.