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68mustang
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Posts posted by 68mustang
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The pictures show pipe "lagging" (insulation) in good condition. Unfortunately, they do not really show anything other than that. Many of the older ships underwent asbestos removal in the 1960's and 1970's. The lagging shown may have fiberglass insulation instead of asbestos. One clue is the diameter relationship of the pipe and lagging. Replacement with fiberglass insulation usually resulted in a larger lagging diameter. The other thing shown is that the outer layer of the lagging seems to be painted or coated. This helps to prevent the insulation fibers and possible dust from getting into the surroundings.
I was assigned to two ships that went through the removal process in 1967-1968. A real problem with one was the "shock" that was a result of firing a 5" gun. This shook loose any dust particles and caused them to become airborne. Any asbestos particles present were then circulated by air handlers. The air filters were not very effective. The concussion and shock from the 5" was great enough to crack "frames" that are structural parts of the ship.
The ship I was on went in for work at the Charlestown Shipyard near Boston, Mass. I worked in the boileroom and asbestos was removed in order to work on some of the boiler's components and pipes. In my case what was removed was asbestos and not fiberglass insulation. It looked like chalk shaped to fit the fixtures that required insulation. Of course we had no protective equipment and did not know at the time about the dangers of working with asbestos. You are right about the 5" guns when they were fired. Dust came off the pipes and this happened throughout the ship. Thanks. 68mustang
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Sometimes actual Pictures can be a source of evidence for asbestos. These pictures were taken of snipes (Boilerman).
Stretch thank you for the info. I have some pictures but none with me in them. The ones you posted are very clear. 68mustang
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PS -asbestos claims are not awarded too often-and they often involve getting an independent medical opinion. This recent SC asbestos clain involved an air force serviceman and his evidence was good-
The BVA gave a lot of weight to what the VA doctor said- "more than likely" due to asbestos exposure in service.
http://www.va.gov/vetapp07/files1/0702263.txt
If a veteran smoked alot and/or also they were exposed by MOS for only short period of time- this are problematic factors to these claims.
Berta, Thank you so much for the info. I also checked the PIES listing here on hadit.com. My other military job (BT-Boiler Technician) is listed as highly probable to asbestos exposure. Now what I need is an IMO examination, which I am schedule for, that states my pulmonary fibrosis more likely than not was caused by my military occupations. My jobs before and after my military service were clerical and administrative, which did not expose me to asbestos. Thanks again for your help. 68mustang
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I know people on this board are going to get mad becasue they are, and they don't like to "not agree with any veterans" I don't know if they just don't want to be the "bad guy" for expressing what they think, but I just don't see that as a tramatic event.
Maybe another type of disorder, but not PTSD. I was on transport ship many times, in very small spaces, and it sucks yes, but seing the dead, killing, or getting sexually assualted is on a whole diferent level than being in a small space when your on duty. IMOP.
Also you can't classify it as anything. Only a Dr.can. Sounds like you just have laustrophobia.
I don't even think you'll get sevice connected for anything mental, because from what I read, you don't have any medical evidence to prove this happened in service.
Did you start taking anxiety drugs as soon as you left service or just recently?
I seriously dought that is going to fly with VARO, or that you'll get a dianosis of PTSD. What exactly is the stressor?
I'm not saying you don't have these problems, or that they didn't happen in service, but the VARO is going to be looking for that info. You'll have to prove these.
You are entitled to express what you think. I used this forum to see if anyone has had the same problem or if anyone could provide any input. You provided your input and I thank you for that. I don't know if you ever worked or been in a WWII type ship's boileroom. It was a noisy, hot and dirty place to work in. Being a Boiler Technician was a job no one wanted to do and not by choice I ended up there. I used a poor choice of words by stating if I should classify it as PTSD. I know that only a doctor can classify an illness. However we are all affected differently by traumatic experiences. I concede that seeing the dead, killings and being sexually assaulted is at whole different level. I might just have claustrophobia, but my experiences in the boileroom did affect me. Now I find out that I was exposed to asbestos and have pulmonary fibrosis that only makes matters worse. I know I have a difficult time ahead of me in trying to prove service connections for pulmonary fibrosis or any other medical condition. I like this web site because so many veterans and non veterans are more than willing to help. Their input might be the one thing that might help a VA claimant to overcome a denial on a claim or to file a claim. There is strength in numbers and I am glad this web site exists. 68mustang
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Berta thank you for your response. You mentioned that a vet proved a stressor by weather reports and the ships long/latitude. I was in the Navy as a Boiler Technician apprentice and worked in the boileroom. It was a life changing experience that I could not wait to get out of. Having to work in confined spaces such as the boiler steam drum and furnace box gave me claustrophobia. I had no choice but to put up with the work situation afraid that if I complained things could get worse for me. I finally got out of that job and to this day I still have nightmares about working as a Boiler Technician. Finding out that the asbestos we worked with,the living compartments we lived in and the dining areas we ate in were infested with asbestos has only made matters worse. The ship that I served on was built during the WWII time frame, when asbestos were used as insulation. On one of my previous post I mentioned that I was diagnosed with pulmonary fibrosis. My job history prior to and after military service were jobs that did not subject me to asbestos exposure. I am going to get another IMO and refile my asbestos exposure claim. I also take anti-anxiety pills as needed for anxiety. I am thinking about adding a claim for anxiety associated with working in the boileroom and asbestos exposure. Do you have any input as to whether I should classified it as PTSD even though it has been so many years after my enlistment ended? Thanks. 68mustang
Berta I did change jobs because of my fears, but no medical proof exist because of the way things were at that time. A person could not complain about anything without being called a trouble maker. Plus as much as I hated being a Boiler Technician I did not want to be discharged. I volunteered during the Vietnam Era and I wanted to complete my enlistment. The only person that I know of who could validate my request to transfer out of the boileroom has passed away. He was a Navy officer to whom I owed a lot of thanks. The record I have is some paperwork changing my job code from Boiler Technician to Engineman. Thanks again Berta.
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That was GREAT advise-
I often just google a ship's name and look for their Home Page-
Many ships have Home Pages as well as historys of the ships -battle history, or other operations, all of their awards etc-
and if the Home Page has reunion info-often this is a good way to find a buddy if one needs a buddy statement.
Our guest tonight at SVR broadcast-Mike Harris-sent me some excellent info on getting ships logs years ago-
It might be in an old PC around here but I will look for it-
a claim here or on another site years ago involved being aboard ship in a severe typhoon.
The weather reports of the time and the ships Long/latitude helped the vet prove this as a stressor.
The claim was remanded so I dont know how they made out with an actual award.
Berta thank you for your response. You mentioned that a vet proved a stressor by weather reports and the ships long/latitude. I was in the Navy as a Boiler Technician apprentice and worked in the boileroom. It was a life changing experience that I could not wait to get out of. Having to work in confined spaces such as the boiler steam drum and furnace box gave me claustrophobia. I had no choice but to put up with the work situation afraid that if I complained things could get worse for me. I finally got out of that job and to this day I still have nightmares about working as a Boiler Technician. Finding out that the asbestos we worked with,the living compartments we lived in and the dining areas we ate in were infested with asbestos has only made matters worse. The ship that I served on was built during the WWII time frame, when asbestos were used as insulation. On one of my previous post I mentioned that I was diagnosed with pulmonary fibrosis. My job history prior to and after military service were jobs that did not subject me to asbestos exposure. I am going to get another IMO and refile my asbestos exposure claim. I also take anti-anxiety pills as needed for anxiety. I am thinking about adding a claim for anxiety associated with working in the boileroom and asbestos exposure. Do you have any input as to whether I should classified it as PTSD even though it has been so many years after my enlistment ended? Thanks. 68mustang
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68,
The way that I have researched location is through the Ships logs. If there was a significant event (deaths during operations, etc.) ships logs will give the Longitude and Latitude. Ships logs will also tell in-port dates for locations at those times. Other ships locations are deliberately obscure.
You can also request the Ships Chronology and Ships Statistics. Some of these have ship locations. These Chronologies also have other ships with the task force for the cruise and fuels that the ship used recorded.
My Congressman sent request, for ships logs, to Doris Lama @ FOIA. Both of my cruise logs were sent to me. Unreps (ships replenishment) involve other ships and can be researched through their ships logs. Deaths of servicemen can also include locations in the Virtual Wall.
Here is an example. This is one of my buddy that died during operations.
Thank you for the info. Sorry about your buddy. I was never in Vietnam, but I lost a lot of friends in the Vietnam War. 68mustang
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Berta I noticed that you researched a ship's location for someone. Is there a website where I can checked where a ship was located during a certain time frame? Thanks. 68mustang
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"This has to do with another topic, which you provided some input. It has to do with asbestos exposure. Correct me if I misunderstood, but can I request a copy of the report the VA doctor turn in when I was denied my asbestos exposure claim? How can I request it? Thanks 68mustang "
You can send a letter to the Records Access Officer at the VA where the C & P was done- or even to the VARO- as they too get a copy of this report.
Put your C file number on the request.
Dont use the FOIA for this request-Freedom of info Act requests take too long and a vet has right to their records and does not have to invoke FOIA.
Free-
"So if I submit an IMO on the issue of as to when the cancer started - do they have to approve the claim or obtain a medical opinion that refutes it?"
The VA will either accept the IMO as probative medical evidence to award- or they will obtain a VA doctor's opinion to go against it-
not that all VA opinions go against all claims- but -that is most often the case-
However the VA must provide clear medical rationale to attempt to refute an IMO.
In my case -with 3 supportive IMos and considerable other medical information (plus the fact that I reminded VA I opined on my husband's death and proved it in 1998 so I do have some obvious expertise as a lay person) as long as they VA refused to acknowledge or read my IMos they can continue to deny the claim.
A claimant whose medical evidence is consistently lost or ignored by VA must take -at some point- strong action.
I did and now fully expect my evidence to be finally considered in the next decision.
I have an additional plan of action prepared if it isnt-
this is why I asked- if you have received a VCAA letter yet-
the VA is supposed to send them to every claimant PRIOR to any denial-
the VCAA letter will tell you exactly what the VA needs as evidence.
In many BVA remands of widows claims due to VCAA violation-the BVA stated that the remand is for a legal VCAA letter to be sent to the widow -advising her to get an IMO.
(I say widow and "her" -last night another Female Iraq servicewoman was announced as dead in Iraq. I dont mean to ever overlook that women are dying in service these days leaving widowers and children)
It seems to me (and I spend much time off the board on this issue) that
ONLY when the VCAA letter suggests an IMO- does the VA actually read and consider the IMO-
If the claimant never gets a legal VCAA the claim is in limbo for years-
Also Only if the claimant gets an election Notice- will the VA actually then begin working on the claim-it doesnt matter how much evidence the claimant has-
they dont get the election notice and therefore cannot respond to it- and then VARO turns around and says the veterans has failed to respond to them- and the claim is denied.
VCAA is perfect but- with the way VAROs have manipulated this prime DTA law- it has become the biggest scam since Nehmer retro.
You have made good points as to the growth rate but the VA-when a widow gives medical info and opinion-is quick to say the widow has no medical expertise
The issues you raised as to inservice etiology or beginning of this cancer-
would have to be stated by a medical doctor with full medical rationale and the expertise needed to opine on a cancer claim.
If the cancer can be proven as starting in service- it would not matter if asbestos exposure was a factor - and you are correct to approach this claim from two different positions-
any medical treatises can be given to the IMO doctor and he/she could use them in their opinion-a good IMO doc usuaully will have, however, their own medical references to support thier poinion but it does not hurt to send them what you have.
An IMO doctor-and there are plenty IMO docs on the web for all types of disabilities-mental and physical-will need all SMRs and all treatment records.
IMOs docs for claims that already received VA doc opinion- need the SOC and the opinion itself in order to combat it with their IMO.
An Independent Doctor cannot opine on anything they cannot fully support.It is often hard to determine what an independent medical opinion will actually be.
The good part -for IMOs- is that these doctors take the time to study every single piece of medical information they have.15 minute C & P doctors dont have the time to do that at all.
"So if all the info in the file supports the other info in the file - and I get an IMO that pulls it all together - does the VA pretty much have to grant the claim unless they seek a medical opinion that refutes the opinion and all the evidence in the file?
Technically- if the IMO and all evidence supports your claim- they have to grant the claim.
So that means the VA actually has to read the IMO and weigh it's value as evidence.
The VA cannot ignore an IMO but they can get a VA doctor to attempt to go against it.
Still -these opinions both have to be weighed as to probative value.
If they are in equal merit- both for (your IMO) and against (VA opinion)
the laws that are called Relative Equipoise kick in.
an opinion for that is equal in quality to an opinion against equals Relative Equipoise and the veteran or widow succeeds on the claim and is awarded benefits.
It is also called Benefit of DOubt.
The only problem with this is that VA owns the scale.
Quantity of medical evidence means nothing- Quality of medical evidence and opinions mean everything.
A supportive IMO that meets the criteria that I posted here under "Getting an IMO" is in many many situations the only way a widow or veterans can succeed on their claim.
If there is no way to prove asbestos exposure in your case, then the best thing to do is focus on the SMRs and how they revealed symptoms and manifestation of cancer beginning in service.
A good IMO doctor will look for those symptoms and be able to opine as to whether they indicated the beginnings of this type of cancer in service.
Berta, Thanks for the info. 68mustang
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forgot to add- in the late 1990s a VA doctor wrote 2 horrible opinions that caused my claim to be denied.They were other VA doc reports too that denied both DIC and 100% SC-but I won them -
I not only called him up at the time in anger but I did succeed in knocking down his faulty medical rationale twice.1998 ???
About 3 years ago ,prior to getting my IMos from Dr. BAsh (I had one from a VA neuro ) for my new claim I called up this doc and asked him if he remembered me- well he sure did-
and he pulled out his records and we discussed what happened-
he had realised-when I knocked down his opinions (dont know how he found that out)
he did not have the complete med recs when he opined- he didnt even know there had been an autopsy (VA lost the autopsy 12 times)
we sure werent mad at each other anymore and I knew the prior opinions had given him stress-
then he totally agreed with my new claim.
I asked if he could opine on it for VA but he send since I already knocked down his last two they would definitely not accept an opinion from him FOR the new claim.
I laughed and promised I would not knock down his new opinion but I also knew he could not do what I asked-
Long story but when I actually obtained his reports-the actual IMOS- (Duh-I didnt know I could get the actual reports and he sent me copies of them)
they supported one of my other present pending claims anyhow!
Also a prior claim that was denied long ago-
I had filed a CUE on this and just never pursued it beyond a BVA denial-1999?
In AUg 2006 the VARO itself filed a Motion for Reconsideration of this old CUE claim.
I guess they too saw that this doctor had supported the older SC death claim as he went against the 1151 claim-
But the VA pulls out the negative and does not always (sometimes they do) focus on the good stuff.
It pays to get the actual VA doctor's report.
I never did get the more recent one- what the SOC said was so awful I had plenty to work with and so did Dr. Bash.
In order to prove wrongful death I studied cardiology-
to prove my more recent claim I had to study endocrinology and then associate the medical facts with my husbands type of CAD and brain trauma due to strokes-
That all involves a lot of reading and thinking-
I was not taking any chances that VA would reject my medical opinions-
although they accepted them in the past-
I got 3 IMOs.
Now all I can hope for is that the VA will finally read them .
I can get another IMO-already spoke to the doc about that- a pathologist-
if I get more medical VA crapola I can deal with that-and get another IMO- but no one -no vet or widow should ever put up with having bonafide IMOs from real doctors ignored.My IMOs cost 4000 and the pathologist will write one in support of my claim for 1750- he needs only a few pieces of med evidence- one more reaosn that the VA should never ignore real IMOs.
Vets and widows often have to pay a lot for them if the clinical record is extensive.
This has to do with another topic, which you provided some input. It has to do with asbestos exposure. Correct me if I misunderstood, but can I request a copy of the report the VA doctor turn in when I was denied my asbestos exposure claim? How can I request it? Thanks 68mustang
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Mustang, The Va has been denying my asbestos claim for years. (1994) I was actually an asbestos worker.( insulator
Dont give up.
Thanks for the info. Where was it that you were an asbestos insulator? I got exposed working in the boileroom during the time that the ship I was stationed on was in shipyard for an overhaul. 68mustang
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68mustang,
About a year ago, I worked with a veteran who won an asbestos exposure case, and his MOS was not as solid as yours in proving pulmonary fibrosis caused by asbestos exposure. Dr. Bash reviewed his imaging films and diagnosed the disease. He is a neuroradiologist and is very good at reviewing cases of asbestos exposure. It's good to remember that a radiologist is "a doctor's doctor," in other words, when doctors can't assess fully what's going on, they order diagnostic imaging and strongly consider (if not rely on) the radiologist's opinion about the imaging results. Pulmonary fibrosis has numerous causes; one is asbestos exposure which shows up distinctively on diagnostic images.
Sometimes a diagnosis in plain English is all you need to win your claim. (I say sometimes because some at the VA can't read well.) Considering your MOS and a correct diagnosis, this should reach the level of "at least as likely as not" and should be ruled in your favor.
Don't give up.
On a side note, since your exposure to asbestos is irrefutible (based on accepted medical studies), keep careful watch over any bladder problems. The veteran I mentioned also got bladder cancer while in the claims process and it also was linked to his military asbestos exposure. The latent factor of asbestos injury can be 30-40 years.
Also, in the case for DIC benefits, it's important to fight for rating any condition that might be determined as primary cause of death.
Don't give up.
Thanks for the info you all have been a great help.
68mustang
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You sure could have challenged their denial-
but with better IMO and a buddy statement (although they probably conceded exposure) you could re-open-
the date of any potential award however will be the date of the -re-opened claim and not the older claim.
I am concerned as to why the VA did not acknowledge the CT and the IMO.
Were you sent an I-9 and full appeal rights?Did you file the I-9? Did they make any attempt to transfer your claim to the Board?
It seems to me that this claim 'might' even still be open-
I wonder what would happen if you sent VA copy of the RO letter that says:
"The denial letter also mentioned that should the missing evidence be received, it would be reviewed to determine if any other action would be necessary."
and asked them what the "review" determined as to that evidence.
It is best to focus on reopening the claim- but still-it would not hurt to ask them what the result of the review of the subsequent evidence was and send them a copy of this with the request:
"b. Review of Evidence. Concisely cite and evaluate all evidence that is relevant and necessary to the determination. Rating decisions must evaluate all the evidence, including oral testimony given under oath and certified statements submitted by claimants, and must clearly explain why that evidence is
found to be persuasive or unpersuasive. Decisions must address all pertinent evidence and all of the claimant's contentions. Do not quote at length from letters, affidavits, hospital reports, etc. " M21-1 Part 6 Change 113, March 19, 2004
Berta do you know why the message keeps going to right and how it can be corrected to show as regular page? Thanks.
68mustang
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You sure could have challenged their denial-
but with better IMO and a buddy statement (although they probably conceded exposure) you could re-open-
the date of any potential award however will be the date of the -re-opened claim and not the older claim.
I am concerned as to why the VA did not acknowledge the CT and the IMO.
Were you sent an I-9 and full appeal rights?Did you file the I-9? Did they make any attempt to transfer your claim to the Board?
It seems to me that this claim 'might' even still be open-
I wonder what would happen if you sent VA copy of the RO letter that says:
"The denial letter also mentioned that should the missing evidence be received, it would be reviewed to determine if any other action would be necessary."
and asked them what the "review" determined as to that evidence.
It is best to focus on reopening the claim- but still-it would not hurt to ask them what the result of the review of the subsequent evidence was and send them a copy of this with the request:
"b. Review of Evidence. Concisely cite and evaluate all evidence that is relevant and necessary to the determination. Rating decisions must evaluate all the evidence, including oral testimony given under oath and certified statements submitted by claimants, and must clearly explain why that evidence is
found to be persuasive or unpersuasive. Decisions must address all pertinent evidence and all of the claimant's contentions. Do not quote at length from letters, affidavits, hospital reports, etc. " M21-1 Part 6 Change 113, March 19, 2004
Thanks again for responding.
I can't find an I-9 form but I do have a VA Form 4107 May 2001. I did not appeal it because this was the second claim that had been denied and I was fustrated. But now that I have looked again at my paperwork I realized that that the VA never got back to me on the missing evidence. The VA never acknowledged whether they reviewed it or if they reviewed what the outcome of the review was. I am going to do what you have stated and that is get another better IMO and see if I can get another buddy statement. I will ask that the claim be reopen and that the issues that you mentioned be addressed. Thanks.
68mustang
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Did you receive a VCAA letter that specifically told you what the VA needed as evidence?
How long ago was the denial letter?
Your MOS certainly put you into probable exposure-
sometimes that has to be clearly spelled out to VA-
Under the search at the top you should be able to find the VA PIES Occcupational exposure list regarding asbestoes claims. Yet it appears the VA has conceded asbestos exposure in your case-
I sent the whole list in with an asbestos vets claim I worked on- his DD 214 said one thing but his inservice shipboard MOSs (he had 2) put him into the actual PIES criteria.Asbestos vets should make sure they explain their shipboard MOS to the VA carefully.
WHat I do see as a problem is what you stated as to the independent medical opinion-
"The CT scan of the chest report that was made by a private radiology office stated that I had a small linear area of increased density in the left lung base that probably represented pulmonary fibrosis. Their impression was that the small linear area of increased density seen in the left lung base more likely represented pulmonary fibrosis."
Did they actually state "more than likely" as 'probably' will not do it-
I have posted "Getting an IMO" here available under search feature- it shows the bases that an IMO must cover and conform to-otherwise VA will not consider it as having merit.
It is not too late to get the opinion worded in a stronger way-
For a local vet I also googled his ship and found it had been dumped off the coast of Iran as it contained so much asbestos.
As evidence we sent the actual VA asbestos training letter also here under a search and considerable other info.
The veteran was going to obtain an IMO also.
Have you filed the NOD yet?
This decision is deficient as they did not consider any of your private records at all.
Why would you re-file the claim- Has the one year NOD time passed?
Thanks for replying Berta.
The denial letter was sent June 2002. I also received the VCAA letter. I sent the VA the Navy's Enlisted Career Guide listing for Boiler Technician and Engineman. Those listings detailed the duties of each occupation and where those duties were performed. I also sent the six month performance reports for each occupation with each report stating that I worked in the boileroom and engineroom.
I tried finding the VA PIES Occupational listing that you mentioned, but could not find it. The independent medical opinion actually states under impression "Small linear area of increased density is seen in the left lung base more likely representing pulmonary fibrosis". I plan to get another IMO because I would like to have my lungs checked out due to the latency period of asbestos exposure. I did not file a NOD because the time limit has passed. I want to refile because the VA relied only on their medical exams and never used my IMO. Plus this time I will send a buddy letter from a fellow shipmate who confirms that we worked with asbestos without protective equipment. If you have any other info I would appreciate it. Thanks.
68mustang
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IMO = Independent Medical Opinion which would be one that you have from civilian care or one you hire. In my opinion if the VA does it than it may not be Independent.
Pete53 thanks for the info.
68mustang
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I file a VA claim back in 2002 for residuals of asbestos exposure,also claimed as asbestosis and pulmonary fibrosis. The claim was denied because the VA examiner reported that his findings for the lung studies including spirometry, lung volume,and diffusion with negative chest x-ray were normal. I don't believe that the x-ray was interpreted by a B certified x-ray reader. When I did the lung studies the examiner had me perform the tests to the point of complete exhaustion. I felt that he was making sure that I passed those tests no matter how they affected me.
The denial letter stated that private records from my doctor had not been received. It also stated there was an outstanding request for a CT scan of the chest, which was done in 1998. The denial letter also mentioned that the current exam done by the VA was sufficient evidence to determine that there were no diagnosed conditions and there was no need for additional information. The denial letter also mentioned that should the missing evidence be received, it would be reviewed to determine if any other action would be necessary.
The VA did receive a copy of the CT scan of the chest after the denial was made. However the VA never used the information to complete a review to determine if any other action would be necessary.
The CT scan of the chest report that was made by a private radiology office stated that I had a small linear area of increased density in the left lung base that probably represented pulmonary fibrosis. Their impression was that the small linear area of increased density seen in the left lung base more likely represented pulmonary fibrosis.
I was stationed on a WWII era destroyer that was built with asbestos in all areas of the ship. I worked with asbestos in the boileroom and engineroom with no protective equipment. The VA acknowledges that I provided references to support my report of asbestos exposure in service. I had no occupational exposure to asbestos before or after my military service.
Does any one have any idea whether it would be worthwhile to file a claim again being that I now have 10% bilateral tinnitus? I don't believe that the missing evidence was ever used by the VA and that makes me think that I should refiled the asbestos VA claim again.Thanks.
68mustang
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I tried to find out in the definitions what an IMO is and could not find it. Could someone please tell me what it is? Thanks.
68mustang
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courtesy of Jerrel Cook- host- SVR Boardcast at Stardust radio:
"Berta this would be a good post for Hadit.. Jerrel
Frustrated veterans lash out at VA care
Web Posted: 08/05/2007 11:07 PM CDT
Tracy Idell Hamilton
Express-News
Angry veterans shouted down U.S. Rep. Ciro Rodriguez as he tried to bring order to a forum for veterans held downtown Sunday.
"We know, we understand, how crucial this issue is," the San Antonio congressman tried to tell an overflow crowd of veterans who had been invited to ask questions and share experiences with U.S. Rep. Bob Filner D-Calif., chairman of the House Committee on Veterans' Affairs, along with Rodriguez and two other Democratic congressmen from Texas.
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But Rodriguez was drowned out and ultimately gave the floor to Jack E. Long, one of several vets who heckled the moderator as she tried to read e-mail questions that had been sent to the congressmen in advance.
"Don't try to talk over me!" Long yelled to Rodriguez as he clutched his wife's hand. "I've had PTSD for years, and I've been turned away from the VA five times! I served my country for 44 years!"
Veterans and their families around him cheered and clapped. Then they set about telling the congressmen that a nation that claims to support its troops hasn't done well by them since they served; many of them said they've had to deal with PTSD, or post-traumatic stress disorder.
Hancock Darrell refused to sit until he, too, could tell his story.
"I've had PTSD for 24 years," Darrell shouted. "I've been diagnosed five times. But what does the VA say? 'We need more information.' And they turn me down again."
Talk Back
What do you think about veterans' treatment?
Again the crowd erupted.
Filner then told the audience — packed into the Buena Vista Building Theatre at the University of Texas at San Antonio's Downtown Campus — that the House had committed "tens of billions" into the 2008 budget for PTSD. He said he was working to change the adversarial relationship the Department of Veterans Affairs has with so many veterans, especially those of the Vietnam era.
"I want to run a claim system like the IRS," he said.
(Gloria Ferniz/Express-News)
Don Frazier, an Army veteran who served in Vietnam, is one of many military retirees who participated in a forum organized by members of the House Veterans' Affairs Committee at UTSA's Downtown Campus.
Such a system would accept a veteran's claim on its face rather than force the veteran "to prove Agent Orange caused this."
"You shouldn't have to prove anything," Filner said. "You served us; now we should be serving you."
U.S. Rep. Charlie Gonzalez of San Antonio, who joined Filner, Rep. Henry Cuellar, D-Laredo, and Rodriguez on the stage, took the microphone to plead for unity.
"We're not fighting smart," he said. "We're fighting ourselves here today. We have to show people that veterans are not part of our past."
The key to a healthy volunteer military, he said, is showing young people who might be interested in serving that they will be taken care of after they leave the military.
Rodriguez, who sits on the Veterans' Affairs Committee, noted that 80 percent of veterans get no care from the VA, many because they've become disillusioned with an agency that has a backlog of claims close to 800,000 — claims that can take years to resolve.
In his opening remarks, Filner said he had come to listen and learn, and he asked the capacity crowd how many had served in Vietnam. The majority in the room raised their hands.
"Thank you for your service," he said, "And I am sorry. We did not do the job for you."
More than 200,000 homeless Vietnam veterans will sleep on the streets tonight, he told the crowd, and as many Vietnam veterans have now committed suicide as died in the war.
"And that is a moral disgrace," he said to approving murmurs. "We must correct it as best we can and make sure it never happens again."
The ratio of injured to killed in today's wars is a staggering 17-to-1, he said. In Vietnam, it was 3-to-1.
"We spend $1 billion every two and a half days" in Iraq and Afghanistan, he said. "Supporting our troops at home needs to be part of that cost."
Congress has added $13 billion to the 2008 budget for veterans affairs, Filner said, calling it "the largest increase ever."
"The resources will be there. It's our job to make sure they serve you."
Long before the audience was ready, the hourlong session came to a close and the congressmen headed to Del Rio for another veterans forum Sunday evening."
www.angelfire.com/ca2/arresteddecaymusic/jerrelcook.html
I live in San Antonio and did not find out about the meeting until it was too late. I did not see any notices about the meeting until it was mentioned in the news. While it was good that the meeting was held 1 hr. is not enough time to hear veterans' complaints. Maybe they only make it for 1 hr. because so many veterans would complain and they don't want the media to air that.
68mustang
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"I am thankful that a quick decision was made, but is there a way that the effective date can be made retroactive to the date that I originally back in 1989 instead of April 30, 2007?"
It looks like you would have to file a CUE claim on the BVA decision that went to the CAVC.
Can you give us your CAVC Docket Number?
The CUE claim would have to prove legal error on BVA's part.
Also the constructive notice rule in Bell V. Derwinski would possibly come into play regarding the dates involved.
There is a lot of info here as to CUE claims under the search feature at the top and they depend solely on legal error.
Bell V. Derwinski
http://64.233.167.104/custom?q=cache:5dOyC...258583365406322
Sorry that I had not posted the docket number sooner, but just got back from out of town. The docket number is 90-41-898 with the Board of Veterans Appeals. I thought that it had gone to CAVC, but I can't find any paperwork. Hope this helps. Thanks.
68mustang
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Hmmmm... I am afraid this will not meet the standard required for a CUE. Berta, Vike or one of the other experts should come along and help you with this.
Thanks for responding. Hope to hear from Berta, Vike or anyone who may be able to help.
68mustang
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Only if you can find a reason for cue. What was the bases for the original denial? Hopefully it did not revolve around an interp of medical evidence.
The basis for the denial was that there was no evidence of a hearing loss at the time of discharge according to the VA. The VA acknowledged that I had worked in noisy military occupations, but did not take that into consideration. There was a whisper test but no audiometric hearing test and whisper tests are not good indicators of hearing problems. This time when I refile my VA claim I again stated that my military occupations were noisy and the VA took it into consideration. Thanks.
68mustang
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68mustang,
Since your claim for hearing loss was previuosly denied and you didn't appeal it, you'll need "new and material' evidence to re-open that claim. This means that you need evidence that the VA was previuosly unaware of at the time of their prior decision AND evidence that bears directly on the fact of why the claim was previuosly denied.
Your best bet is to get an audiologist to put in writing that your current hearing loss and tinnitus are "at least as likely as not' the result of your noise exposure while on active duty. The audiologist will need to review your complete medical records (SMR's and private treatment records since discharge) and provide a full rational as to why they have come to such a conclusion. Once you can obtain this statement/IMO, you can use it to re-open your claim for hearing loss and as evidence of a secondary condition to your hearing loss.
Vike 17
My hearing loss claim was denied in 1989 and I did appeal it all the way to the U.S. Court of Veterans Appeals where it was also denied. I refiled a VA claim for tinnitus on April 2007 and I provided the VA with a copy of the hearing test results conducted by my audiologist. The results showed that the tinnitus was caused by exposure to military occupation noise. I also provided buddy statements from fellow shipmates and from my family members. The VA sent me to QTC in July 2007 for a hearing exam, that also concluded that the tinnitus was caused by my military occupations. I received a letter from the VA on Aug. 02, 2007 granting me service connection for bilateral tinnitus 10%. I am thankful that a quick decision was made, but is there a way that the effective date can be made retroactive to the date that I originally back in 1989 instead of April 30, 2007? Thanks.
68mustang
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Saltydawg,
I also have tinnitus in both ears and also hearing loss. I had my hearing tested by my audiologist and he stated that it was from my military occupation as a boilerman and engineman. I also had my hearing tested by QTC the contractor that provides medical exam for the VA. They also stated that I had a hearing loss. I am waiting for the VA to determine my claim now that the results have been submitted to them. I know how you feel with ringing in the ears 24/7.
68mustang
Inspector General Report Says Va Conceals Vet's Long Wait Time For Health Care
in VA Disability Claims Research
Posted
The news story of this IG report came out in the newspaper today.
68mustang
www.va.gov/oig/52/reports/2007/VAOIG-07-00616-199.pdf