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kathyred
I have been one of your “Lurkers” for awhile now. I am very grateful for all the help you have provided me to fight the VA. My husband was in the Navy from 1955-1980. He filed a claim for emphysema in 1994 and the claim was denied for lack of treatment records. We didn’t know a lot about the process at that time and assumed that if they wanted treatment records they must need them to grant his claim. He wasn’t being treated at that time although he continued to have symptoms. December 2003 he again filed and was denied, evidence was not new and material. July 31, 2004 Claim was considered reopened but still denied. Was not incurred in or aggravated by military service. December 2005 filed for chronic asthma, thinking that maybe a different diagnose would work. He has been diagnosed with COPD with an asthmatic component in form of emphysema. Jun 2006 again denied, was not incurred in or aggravated by military service. We filed NOD and had a De Novo Review. 5Feb2007 In the decision from the review the Issue was changed to lung disorder and was denied. They then stated we need evidence that his current lung disorder at least as likely as not began in service. We submitted a letter from his private physician stating “…might recognize the natural history of emphysema and the fact that it more than likely that during this patients 20+ years in the military, his disease was progressing.”
Jun 2007 again it was denied and they would ask the VAMC for an opinion. Oct 2007 SSOC they had their opinion and case was still denied. Went to BVA was remanded on May 2009. VA Got another C&P, we got an IMO and they then got another opinion. Just got another SSOC from AMC. Issue is now respiratory disability to include as due to asbestos exposure. Again denied. It will be going back to the BVA in a few weeks.
My question for the experts here is this still a reopened claim from 1994 and if so do we fall under the tobacco rules of 1998.
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