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About mack13

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    E-3 Seaman

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  1. At 42% FVC, You should be rated at 100% for asbestosis. Did the decision letter letter from the VA explain why they didn't rate you higher than 0%? You did say that you were service connected, so I don't understand why you would not be rated at 100.
  2. OK, first of all, I'm confused. FEV (FEV1) does not even come into play in rating an asbestosis (SC 6833) claim. The numbers the VA is going to look at on a claim for asbestosis are: FVC and / or DLCO . You can find those claims in the respiratory ratings schedule here: Title 38 → Chapter I → Part 4 → Subpart B → §4.97. If your numbers for FVC or DLCO were higher than 80% on either one of those, then a 0% rating would be warranted. After all, they can only use the evidence which you have; submitted, in your SMR, SR, and VA exams. So, what were your FVC and DLCO numbers?
  3. Hi Berta, Thanks for the info on the lawsuit. I have, in fact, been a part of one since 2016. It isn't one that's on TV though. My attorney is local and was recommended by my son. My son handles cases for coal miners with lung diseases as well as Social Security issues for anyone needing help. Thankfully, I have not developed Mesothelioma. That is the disease that the TV lawyers want to use because it pays out some really big bucks for their unfortunate clients. thanks, and take care, mack
  4. Hi treysonna, First. let me apologize for the long time to reply. I don't get on here very often. My external symptoms are dyspnea (shortness of breath on exertion,) a dry cough, and a slight chest pain. My internal symptoms seen on a CXR or a CT are: Pleural thickening in the right upper lung zones, Peripheral honey combing, bilateral small opacities, bilateral chest wall pleural plaques, and diffuse bilateral pleural thickening. I was on 3 different ships in the Navy. Two of the ships went through a "yard period" while I was on board. Total time spent in the shipyards on both ships is about 11 - 12 months. Shipyards are literally loaded with asbestos fibers due to the constant tear down of boilers and piping while the ships are in there. I was also an FTG at the time, which the VA considers a "high probability" for asbestos exposure. Also, there is and never has been anything in my service medical records about lung problems caused by asbestos exposure. The latency period for problems of asbestos exposure to show up is 10 to 45 years. My yard periods on those 2 ships was 3 - 4 months in 1972, and 7 - 8 months in 1973 - 1974. I can assure you that there is NO mention in my service record that says anything about being on any ship, in any shipyard EVER. With all of that being said, my immediate supervisor and the CO from my first ship, both wrote very strong letters (affidavits) on my behalf concerning the asbestos insulation that was removed ( dust every where) and replaced during that particular yard period. As you might think, the evidence of asbestos exposure with all of that information now becomes very probable in the eyes of the VA. Since even a layman may testify to his where abouts in service, that evidence can be and was used to prove exposure to asbestos. The other side of the coin is to have a diagnosis of an asbestos related or caused disease, and then being also able to verify your pre and post employment did not involve exposure to asbestos in any other job. Must have done OK. My NOD has gotten me service connected for emphysema and for diffuse interstitial fibrosis (asbestosis.). I have not received my rating letter as of yet. My 42 month wait on the VA seems now to be nearly over. If your husband wants to pursue the abestos battle, it is just about an up hill fight with the VA. Once he starts the fight, don't ever give up.... NEVER. good luck and may God bless, mack
  5. I have also been using the Vets.gov site and it seems to be a huge improvement over ebennies. The vets.gov site tells me that I have been granted service connection for emphysema and for diffuse interstitial fibrosis. It does not however give me any rating percent on either one. My original claim was denied. On it, I was claiming: Dyspnea, COPD, Emphysema, and Interstitial Lung Disease. On my NOD, I was claiming: COPD and Interstitial Lung Disease - Asbestosis. Apparently, the VA did a de novo review of may claim and made a service connection for the two diseases I listed above. I am wondering though, how they came up with diffuse interstitial fibrosis when I have no diagnosis for that in my medical records. I do have two diagnosis in my medical record for Asbestosis though. Both diffuse interstitial fibrosis (DC - 6825) and asbestosis (DC-6833,) are listed under the category of "Interstitial Lung Disease." Diffuse Interstitial Fibrosis can be caused by exposure to asbestos. Asbestosis is ONLY caused by exposure to asbestos. As for my claim, the VA has conceded asbestos exposure in service. I'm trying to figure out the "nexus" for Diffuse Interstitial Fibrosis though since it has other causes than exposure to asbestos. The nexus for asbestosis is however crystal clear as proven by my pre and post service work history. Anyone have a clue as to why the VA might have added the DI Fibrosis into the mix?
  6. Hi SSGC, The road through asbestosis recognition by the VA is rough and rocky indeed. First, you must be diagnosed with a disease that is caused by asbestos. I see no mention in your previous note about that, save being unable to get a diagnosis from a "thoracic surgeon." I also have a thoracic surgeon and can tell you that he does not do lungs. Try going to a pulmonologist for an x-ray screen of your lungs. Either they will say you have the symptoms of asbestosis or (god forbid) mesothelioma, or they will say you don't. What I had to do was obtain a report from a certified "B" reader. I sent the "B" reader a copy of my VA x-ray for a diagnosis. He looked at it and returned a very different diagnosis from the radiologist at the VA. I further had am internist specializing in occupational disease diagnose the ILO sheet the "B" reader filled out on my lungs which resulted in a diagnoses of asbestosis. Good luck shipmate.
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