samiam1978

Hello, I am a Navy Veteran who has filed a claim for compensation for the autoimmune diseases I have been diagnosed with by the Veterans Hospital. The cause being exposure to asbestos, sandblasting dust (including silica, lead, zinc, copper and tributyltin), mold, strong fumes from appling new antifouling paint to submarines by brush and roller and grinding dust (crystalline silica) from grinding non-skid paint to prepare deck for welding. My question is that I am already on Social Security Disability and have been since 1991. Then I shattered my disc at L4 - L5 and broke a lot of the bone from the vertebrae. It was on my civilian job as a working Foreman in a small sheet metal shop which built stainless steel cooking equipment. I ended up having 6 more back surgeries and now have a pain pump and nerve stimulator implanted for pain control. Since I am already not able to work, if my claim comes back at more than 50% compensations would I still be able to have it automatically to 100% because if I was not disable and unable to work the diseases from this claim has made it true again. I have COPD, Emphysema, Sarcoidosis of thelungs and skin, Obstructive/Central sleep apnea, Narcolepsy, Hypothyroidism, Hypertension, Rheumatoid Arthritis, Major Depression and on 3% oxygen 24 hours a day. Thanks

Hello, I have a claim for compensation with the Veteran Affairs that was filed in 2006. In 2008 I got a DRO decision that denied the claim, but left off two health issues related to the compensation. I filed for an Appeal on the issues denied and am waiting for a hearing date. About 9 months later (after I had sent in a letter asking about the other 2 issues) the Veteran Affairs sent me a letter asking me to get all of the evidence I had on these two issues so they could make another DRO decision on them. That was another 9 months ago. My VSO says we should have a hearing coming up around March 2010 on the issues I file my Form 9 on. This is not including the two issues I am still waiting on a DRO decision. I want to keep all the issues or diseases together in this claim, but I have not heard from the Veteran Affairs on the 2 diseases they admitted forgetting. What should I do? I am afraid if I go and ask about the 2 diseases that were orginially part of the claim then that will set the Appeals Hearing date back. I have already been working through this claim since 2005 and ready to get personnally in front of a Judge and explain my claim instead of what has been twisted and misinformed statements that the people who have made decision have used so far. Should I just let the other 2 diseases drop? Very confused at this point and need advice.

Berta: Thanks for the help and the recent award to a veteran for his exposure to asbestos. Like I have said my statement of case states." even though there is evidence to suggest that the veteran was exposed to asbestos in service" and they all go on to say different reason I should not receive service connection. And not all are from the asbestos, the Narcolepsy is from the lead poison from breathing fumes from strong lead base paints and primers used back then to repaint submarines. Anyways, thank you for this and good luck to you.

carlie: I love that quote at the end of your last statement on this forum. I feel the same and I am in there right now. But I will not go down without a fight. There is something MAJOR WRONG when a man has over 7 autoimmune diseases hit him within a 3 year period. He goes from being in his church choir, assisting the local Boy Scout Troop, teaching a Wed. night bible class to young men to on 3 liters of Oxygen 24 hours a day, bi-pap wearer at night, and now a hermit. It has been hell for me and my wife. She had a heart attack right in the middle of this mess and they found it was a small blockage but when I got her there she took the big shot and it broke the blockage apart. The Cardioligist state stress. And of course what was happening was out ouf our hands and into our Lord. So as each illness hit me, we fought back and I am still here today because of my wife. A lot of womean would have left. I am very blessed with 2 great grown sons and a lovely wife. But hard work will always pervale. And I even have a doctor with my records set up in Washington. Thanks again and check back

jbasser: Yes, I have been searching for buddies from both the dry dock and the destroyer. I have 3 buddy letters from buddies from the dry dock and then the one from a officer who was in charge of office duties from the dock. I also have one from the Fife. Those were in the 50 pages I turned in for evidence and listed as Notice of Disagreement in the DRO decision. I am working on more until my Appeal comes up. My VSO says it looks like that will be in the Spring 2010. I am ready for a Appeal, I have been working on this claim since 2005 and I want the chance to sit down with a Judge and talk through this whole claim. Thanks for the leads and keep a watch on your e-mails for a update. Take care.

Pete53, thank you for the information and help. I know that the one thing I need is one doctor to say, " It was more likely than not", meaning that say the asbestos was more likely than not the cause of my COPD or Sarcoidosis. But to get a doctor to stand up and say that is another thing. Sarcoidosis is still so up in the air of what causes it, and I have it good, that a doctor will not go down as saying that just this or that cause it. My VSO says my best bet is my COPD, I have many listing of upper respiratory infections in my Navy Medical Records and also have many of them from my family doctor since I been out. I did smoke, but was never diagnosed with COPD or Emphysema while I did smoke and quit over ten years ago so I am really working on that aspect right now. Thanks for the information and help.

jbasser: Yes, I was a fellow Hull Technician Second Class. I finished first in my "A" school and was offered a "C" school and E-4 after if I would extend for one year. At that time I was going to make a career of the Navy and did except. I finished first in my "C-1" welding school too. But my father died about 4 years into my career and as the only son I got out to take care of my mother. But my discharge papers tell of what I did on the Fife. I organized and ran three workcenters and was scene leader of forward repair locker (Repair 2), and the Captain gave me credit for the surperb showing at the Nuclear Weapons Handling Training. We have the Asroc's onboard then. Thank you for the information and I will research what you have listed for more evidence of asbestos on the Fife. But the really bad exposures were on the Dry Dock and the Navy does not talk about that. All of that information is still sealed. I have e-mails from a reporter from the small town in Scotland where the dry dock was and when the Navy pulled out they were suppose to clean up the Loch. The British Government spent over 20 millon pounds cleaning it up and he goes on to say that they brought up barrels of yellow liquid that burst open and fissed out, a large Ford car, and the skelton of a sailor from Alabama. There is also high readings of radiation on the shoreline as of today there so you see I can only get a tip of the iceburg that went on out in that Loch working on those submarines. But, I will not give up and will keep going to find the right person to get my disability. I have 10% right now from Tinnitus and going for the whole 100%. Keep in touch, my friend.

Yes, Smilen66, this one started over CUE. I have gotten my answer about that and much much more. I want to thank you for getting me into a bunch of friends who have told me just like it is, straight forward. That is what I needed and I know also more about the use of the CUE. You see those 50 or so pages were from the Navy by means of my FOIA. They are copies of a study that was done in 1975 about my rate, Hull Maintenance Technician. Each page listed a job and the possible hazardous material exposed to in doing that job. The hazardous materials went from asbestos, benzene, lead, ionized radiation, etc. The Hull Maintenance Technician rate was so wide back then that one day you could be repairing a valve in the firemain and removing asbestos lagging and the next day you could be taking readings for a possible chemical attack in a drill. But the papers that were not used as evidence in my DRO decision could have made a difference. One of the letters is from an officer onboard the dry dock telling how hazardous the work was. The Veteran Affairs may have read it and just decided to place it in with my Notice of Disagreement to get to me. They have really played on my nerves. They have sent me letters telling me of my Agent Orange exposure, which I never had any, to letters telling me about my liver transplant, which I never had done. This has been going on since 2005. Thank you again.

Again Wow! Thanks for all the information. I will try to clear a few things up. My first command from Aug. 1978 through Jan. 1979 was on the floating dry dock in Holy Loch, Scotland. The USS Los Alamos (AFDB-7) which was only 4 sections of a 7 section floating dry dock built in 1944. My job and rate was Hull Maintenance Technician and that was before the Navy divided it into Hull Maintenance Technician and Damage Controlmen. I cut and welded zinc bars in the aft tanks of SSBN's (boomers), sandblasted, painted with brush and rollers, welding jobs on the dock for repairs, damage control PMS, inport fire party scene leader, and we completly remodeled the head in our compartment from the lagging to the terrozzo flooring. The boomers sat right on top of our living and eating quarters so what was going on outside came inside. I ate a many gritty hamburgers. My next command was the USS Fife (DD-991) I was a Plankowner. That mean when we arrived I did a ton of grinding anti-skid paint to weld down objects such as cabinets, desk, etc. for sea worthy. I even welded in a barbers chair on the starbord wing of the bridge,for the Captain, which required alot of grinding anti-skid paint and aluminum metal. Again my rate also did damage control so we had to outfit all 3 repair lockers with damage control equipment. That mean cutting sheets of asbestos for pipe repair kits and plugs for holes in the hull. Was scene leader of Repair 2 and on my DD-214 was given most credit for all of Fife critical welding jobs and passing the Nuclear Weapon Handling Test. Fife had a sewage treatment plant and there was no school for it we just learned by trial and error. Sometimes error mean raw sewage blowing out of valves onto us. (horrible smell). Lastly was that filter cleaning shop. I do not know who designed it but it was about 6' x 6'room with a large sink where I would spray off all of the ships reuseable filters. The room did have a vent that pulled some of the steam out, but it was many times I could not even see the filter I was cleaning. No protection was offered or used. All of the autoimmune diseases came on in a matter of the last 3 years. I am now on prednisone 50mg twice a day, Imuran 50 mg twice a day and Plaquenil 200 mg twice a day just for the Sarcoidosis of the lungs. Not to mention medication for COPD, Emphysema, Obsructive/Central sleep apnea, Narcolepsy, Hypothyroidism, Sjogern's Syndrome, Hpyertension, Rheumatoid Arthritis of knees and ankles, Major Depression with anxiety and panic attacks and on oxygen 3 liters 24 hours a day. I did smoke cigarettes for 20 years. Smoked 1 pack a day for 20 years quit in 1998. I am 52 years old. Gosh, and keep the constuctive information coming, I know there are others out there that have been where I am. I have no Presumtives as I was on active duty from 1978-1981. Thank you.

Wow!!, Lets see the Veteran's Hospital has diagnosed me with COPD,Emphysema, Sarcoidosis of the lungs and skin, Fibrosis of the heart and liver, Obstructive/Central sleep apnea, Narcolepsy, Hypothyroidism, Hypertension, Rheumatoid arthritis of the knee and ankles, Sjogern Syndrome,Major depression with anxiety and panic attacts and on oxygen thearpy 3 liters 24 hours a day. The evidence I was talking about that was listed under Notic of Disagreement has statments from former sailors that were on the two commands with me stating that the exposure to asbestos, sandblasting duct(silica) mold, fumes from lead based paints used on submarines, anti-skid grinding for welding jobs, and toxie raw seweage from trial and error methord of learning the sewage treatment system on the USS Fife. Yes, the Veteran Affairs has confirmed the exposure to the asbestos only at the time of the decision. I do not have a doctor saying, MORE LIKELY THAN NOT, I only have 6 entries into my medical records of Upper Respiratory Infections and on my exit physical marked as having medical problem with ear nose and throat. That decision was made almost 2 years ago and have not heard a word. I did file my form 9 for a BVA appeal when the judge comes through my regional office and my VSO says he hopes it will be in the Spring of 2010. I am still planning on asking each doctor for that statment but I was hoping the evidence I had stamped would be use and be enough to prove the exposure. I appreciate any constructive information at this time for help. Thank you.

Hello and thanks for the reply. My CUE was file at the DRO Decision. I was called by an agents for the DRO and said that they would waive my 60 days waiting period is I had all the evidence in. My claim had been on their books already for 2 years. I told them I would if the agent would check my folder to make sure the evidence I had turned in myself and had stamped at the Veteran Affairs Office was in my folder for this review. The agents said it was. I stress to him to physically open my folder and to look at the evidence I had send in and make sure that this was in my folder. It was about 50 pages of very vital evidence. He said he was looking at all of it right them and it was there for the DRO to use as evidence. So I waived my 60 days. 10 days later I get my decision in the mail and all 7 autoimmune diseases were denied. They were denied because there was not evidence of the environmental agents I had stated except asbestos. I looked at the "Evidence Used" and the 50 pages I had ask the agent to make sure were in my folder as evidence was not listed. They were listed under Notice of Disagreement. I had two Notice of Disagreements listed after the first decision was denied. The true one sent in the alotted time and this evidence. This evidence showed where, how, and fellow sailors statements of the fact that I was exposed to these environmental agents and it was never even used. I called the agent up at the Veteran Affairs office and he snickered and said to take it up at my BVA Hearing, which I will be doing. First of all you have a certain time limit to get your NOD in and I did that. It took all of 3 sheets of paper. The 50 pages is just way too many for a NOD and it is listed as evidence. I feel it was a mistake and that is why I filed the CUE. Anybody have a response, I would appreciate it.

Hello Smilen66, Sorry to hear of your denial. Is this the first decision made on your claim? I do know for a fact that as we all get older the chances of degenerative bone disease is more common. But, if your claim is for degenerative bone disease in the lower back then all the treatment you received for the Thoracic area would not be the same. The lower is the Lumbar area and if that is where your pain is then the Veteran Affairs can say that that was the only doctor visit where low back pain was mentioned. Now, the CUE. That is something I have one my claim when I had the DRO decision made and my evidence was listed as a Notice of Disagreement instead in the Evidence Used. I was told that these claim of CUE will be taken up at the Hearing you have before your BVA Appeal (Form 9). Any one word in your medical records can change a whole claim. It has to be just like your claim for compensation. Go back and look at other parts of your records where you may have had a physical for transfer, or for hazardous duty and see if there is anything mentioned about pain in the lumbar or lower back. Good Luck.