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68mustang
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Posts posted by 68mustang
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Watch this video....
Before they fade into the fabric of history...
We will give them the tribute they deserve.
This is a must see for everyone.
buickx
Thank you for posting of the web site. I did not serve in Vietnam, but did serve during the Vietnam War Era. There isn't a day that goes by without checking the obituaries in the paper. I have seen many obits of individuals with whom I grew up and went to school with. I also lost many friends and co-workers in the Vietnam War. After having seen the video and as I type this with tears in my eyes I know that my disabilities attributed to my military service are minor compared to those with Vietnam service. Some paid the ultimate sacrifice and others continue to cope with their illnesses whatever they may be. To them and all who have serve in all eras I salute them and may we never forget that this Nation is what it is because of them.
68mustang
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"The CT-scan reading showed that I have mild asbestosis and the pulmonary specialist made a diagnosis of asbestosis. I will now go get a letter from my primary doctor and pulmonary specialist linking the asbestosis to my military jobs. My work history before and after my enlistment were the type of jobs that did not include exposure to asbestos."
That was a good idea to get this private CT scan.
Do you have to re-open this claim with this new evidence or are you still within an appeal period?
I just received the denial last week and wonder what the best way is to go on this. Thanks.
68mustang
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Hello 68mustang, looks like you have something goin here. Just how did you request the copy of the claim ? This is interesting, so I wonder what exactly triggered the comp exam also. Is it possible that you put in for increase or the VA misunderstood your request for copy only.
For now, if the VA has established a claim when you didnt request one, something needs to be done. Seems like the cart is runnin ahead of the horse. Guess I'd ask for my request letter back and for the claim to be stopped.
If you are not ready to go ahead with this claim - did you tell them? in writing? Other than that if you accepted the paperwork and they progressed on - even with no c&p exam, its time for you to get busy.
M21-1MR, Part III, Subpart iv, Chapter 3, Section A lists guidance on exams
Tell us what the denied decision stated, did you submit NOD and if so what was the response? Do you have other current medical diagnosis or IMO for support?
If the VA denied a recent claim based on your 2000 exam, what strong reason would they do that with?
Side note caution - I used to talk a bit to the VA 1800 - found my words could be used to trigger certain actions in my claim. Once I complained about exam, sure enough showed up in the decision. Other time, simple inquiry was forwareded and answered by local VARO per the telephone conversation. That surprised me. IRIS inquiries work better for me.
Let us know more,
Best to ya,
Cg
I requested the copy of the 2000 claim and denial via the 1-800 number. All I did was request the copies and according to the current denial it states the claim for pulmonary fibrosis was reconsidered and the denial was continued. Prior to receiving the denial I had already gone to see a pulmonary specialist who sent me to get a CT-scan. I felt that since the VA had not scheduled me for a C&P exam I decided to go to a pulmonary specialist on my own. The specialist sent me to get a CT-Scan. The CT-scan reading showed that I have mild asbestosis and the pulmonary specialist made a diagnosis of asbestosis. I will now go get a letter from my primary doctor and pulmonary specialist linking the asbestosis to my military jobs. My work history before and after my enlistment were the type of jobs that did not include exposure to asbestos. But we know how the VA operates when you have official records and descriptions of military jobs. The VA knows that WWII type ships were infested with asbestos yet it still denies claims with good documentation.Thanks.
68mustang
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I thought you all might be interested in this info that I found on the internet it refers to recently declassified documents that the Navy knew in the 1930's and 1940's about the dangers of asbestos and allowed its continued use in combat shipbuilding. The info is from 1983 when the Manville Company filed suit against the government because many former shipyard workers were filing suits against Manville. The Manville Company contended the government should foot part of the monetary judgments because the government knew about the dangers of asbestos exposure yet required by law that asbestos be used in shipbuilding. Please let me know what you think about this since so many sailors and other military personnel were exposed to asbestos.
Click on the web site below. Hope it works.
68mustang
http://www.reagan.utexas.edu/roberts/Box04...egislation1.pdf
(Bump) Berta you may be interested in this.
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This is along the line of someone's previous post "Does The Va Have A Duty To Order C&p Exam". I had requested copies of a claim and denial for pulmonary fibrosis that I filed in 2000. Before I knew it the VA establish a claim for pulmonary fibrosis. I asked if I would be sent for a C&P for the pulmonary fibrosis. The VA said that if one was needed that then I would have a C&P exam for pulmonary fibrosis. Well the VA denied the pulmonary fibrosis claim based on evidence from the 2000 claim. Anyone have any input on whether the VA can denied a claim
based on evidence more than 10 years old?
68mustang
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I thought you all might be interested in this info that I found on the internet it refers to recently declassified documents that the Navy knew in the 1930's and 1940's about the dangers of asbestos and allowed its continued use in combat shipbuilding. The info is from 1983 when the Manville Company filed suit against the government because many former shipyard workers were filing suits against Manville. The Manville Company contended the government should foot part of the monetary judgments because the government knew about the dangers of asbestos exposure yet required by law that asbestos be used in shipbuilding. Please let me know what you think about this since so many sailors and other military personnel were exposed to asbestos.
Click on the web site below. Hope it works.
68mustang
http://www.reagan.utexas.edu/roberts/Box04...egislation1.pdf
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You may want to contact one of the Mesothelioma/Asbestos attorneys about filing asbestos related lawsuits. There's are many defendant companies out there, with much to be won and they shouldn't affect/effect your VA claim. jmo
pr
Thank you PR and Berta for responding. Awhile back I contacted a law firm and I was sent for x-rays. After the results the law firm stated
that my condition was not of the degree that they represented. The impression I got was they were interested in people with mesothelioma and not in the type of condition I had. I also put in my name for a class action lawsuit and it is still pending.
I am in the process of obtaining a letter from the pulmonary specialist that I saw for my condition.
Berta what do you mean if my asbestosis was linked to the pulmonary fibrosis? I thought that they were one in the same. After providing all the info on my civilian jobs, which none exposed me to asbestos, and military jobs that did expose me asbestos the VA denies my claim. The VA states that my claim was being denied because there was nothing in my records to prove that I was exposed to asbestos while in the military. It does not make sense because the VA in its own web site has information that older Navy ships were built with asbestos insulation (http://www.publichealth.va.gov/exposures/occupational_environmental/asbestos.asp#how). The web site states if I am concerned about health problems associated with exposure to asbestos during my military service, to contact the Environmental Health Coordinator at my nearest VA medical facility. I am going to contact the office that is listed on the web site.
We worked,lived,slept,and ate in areas infested with asbestos 24/7 while on board ship. The VA knows that the asbestos issue is hot yet makes veterans jump through hoop after hoop. Thanks.
68mustang
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Thank you all for your responses and input.
John thank you for the offer. The ship was the USS Keppler DD765 (1967-1968) out of Newport, R.I.
Berta looks like they service connected the lowest rated disability since only one MH condition can be rated. I was not given a C&P exam for the current pulmonary lung fibrosis claim, but VA used info from a 2002 claim for pulmonary fibrosis and a VA C&P exam for that claim were used to deny this pulmonary fibrosis claim. I sent them a report of a recent CT-scan that noted a diagnosis of mild asbestosis, a copy of the PIES listing that was posted here that list my military jobs of Boiler Technician and Engineman as being highly probable for asbestos exposure. I also sent them a listing of my job history before and after my enlistment, as well as letter from my wife confirming my job history. The Va reason for denying the pulmonary fibrosis claim was as stated by them "The previous denial of service connection for residuals of asbestos exposure to include lung fibrosis is confirmed and continued because evidence continues to show this condition was not incurred in or aggravated by military service".
I am sure this has been addressed before, but here it goes. I am dealing with the Houston Regional office, can I request that they send a copy of my complete C-file or would I be limited to only being able to get copies of only certain items?
Sorry for the long post, but I need your help. Thanks for your offers of help and together I hope to prevail on my other claims.
68mustang
Bump see if anyone else has any input.
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Mustang, I am sorry to hear that.
Shoot me the name of the ship you were on and I will assist you if want it.
John
Thank you all for your responses and input.
John thank you for the offer. The ship was the USS Keppler DD765 (1967-1968) out of Newport, R.I.
Berta looks like they service connected the lowest rated disability since only one MH condition can be rated. I was not given a C&P exam for the current pulmonary lung fibrosis claim, but VA used info from a 2002 claim for pulmonary fibrosis and a VA C&P exam for that claim were used to deny this pulmonary fibrosis claim. I sent them a report of a recent CT-scan that noted a diagnosis of mild asbestosis, a copy of the PIES listing that was posted here that list my military jobs of Boiler Technician and Engineman as being highly probable for asbestos exposure. I also sent them a listing of my job history before and after my enlistment, as well as letter from my wife confirming my job history. The Va reason for denying the pulmonary fibrosis claim was as stated by them "The previous denial of service connection for residuals of asbestos exposure to include lung fibrosis is confirmed and continued because evidence continues to show this condition was not incurred in or aggravated by military service".
I am sure this has been addressed before, but here it goes. I am dealing with the Houston Regional office, can I request that they send a copy of my complete C-file or would I be limited to only being able to get copies of only certain items?
Sorry for the long post, but I need your help. Thanks for your offers of help and together I hope to prevail on my other claims.
68mustang
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I got my decisions on my VA claims. Depression 10%, not otherwise associated with bilateral hearing loss. Bilateral hearing loss 0%
(not bad enough to warrant compensation). Denied Meniere's disease and lung fibrosis as not related to military service. Denied PTSD because the examiner stated that I did not meet the criteria for a diagnosis for PTSD. ED deferred because more information is needed from VA C&P examination.
So now I have 10% tinnitus and 10% depression. I am trying to make arrangements to see my C-file in Houston because evidence I provided was not listed as having been used to make the decisions.
Plus on the lung fibrosis claim the evidence I provided were not listed, which were a copy of a recent CT-scan identifying mild asbestosis, a complete listing of occupations before and after military enlistment, an official Navy listing that I worked as an Engine man and Boiler Technician in my military occupations, and a copy of the PIES listing found on Hadit that listed the both Navy occupations as highly probable to lead to asbestos exposure. Needless to say I am disappointed, but I am glad that was not totally denied. Now it is on to the next step. What would you all recommend as to what I should do next besides seeing my file, please provide input? Thanks.
68mustang
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Bump
quote name='68mustang' date='Mar 12 2010, 07:53 PM' post='193107']
The following is an IRIS response from the VA.
"This is in response to your recent inquiry to the Department of Veterans Affairs.
We have received correspondence back from your regional office. Your claim is currently ready for a decision. You power of attorney is reviewing your file. If additional evidence is needed, your power of attorney will notify you. Thank you for your continued patience".
Has anyone else had an IRIS response like this? Do you know what this is all about, since my vet rep has my power of attorney? Thanks.
68mustang
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I think the decision has been made and your POA has the file. They should contact you but If I am correct they probally wont. Call them and ask.
J
jbasser
Thanks for the response. I called my rep who I signed as my POA and he does not not have my file. Am I correct in thinking that their reply implies that my rep has the file and that my rep is the POA? Hope I made sense on what I wrote now. Thanks.
68mustang
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The following is an IRIS response from the VA.
"This is in response to your recent inquiry to the Department of Veterans Affairs.
We have received correspondence back from your regional office. Your claim is currently ready for a decision. You power of attorney is reviewing your file. If additional evidence is needed, your power of attorney will notify you. Thank you for your continued patience".
Has anyone else had an IRIS response like this? Do you know what this is all about, since my vet rep has my power of attorney? Thanks.
68mustang
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John,
I agree completely. I have had TMJ for only 16 years, which was caused by botched dental surgery. Chronic pain has been an unwelcome friend ever since.
Also, my former boss got TMJ from a car wreck and had three surgeries to 'fix' it. It only made things worse.
I also had surgery for non service related TMJ on both jaw joints and it got worse some time after. I went to a specialist who got me a splint to wear on upper teeth and whenever I get pain I put it on to relieve the pain. It works for me.
68mustang
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"Should I turn in the new evidence or wait to see if the VA denies the pulmonary fibrosis claim? The 2002 CT scan report makes no mention that it is related to asbestos exposure, while the new CT scan does. I don't want to delay the decisions on the other claims if I send the new evidence."
I feel that I would rather have a decision held up in order to get critical evidence before them -than to get a denial that this new evidence could have altered.
Was this a private CT?
It seems to me this evidence should be put before the rater- do you have a vet rep?
If so can the rep fax the evidence directly to the rater?
As John asked-have they conceded your exposure yet?
Thank you all for your response and input.
It was a private CT scan. My Rep does not fax so I was thinking of sending it by mail or faxing it myself. Is there a particular form to use when sending it out? As for having conceded the exposure I believe they have in the 2002 denial. I am having a hard time finding the documents on that denial so I will have to get those from the VA.Again thanks to all of you for your input.
68mustang
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My friend, you have a diagnosis of Pulmonary Fibrosis and they denied your claim.
Did they conceed the asbestos exposure?
What was your Naval Rateing?
I would file to re-open this claim and I would get m y ducks in order because I think you have a Strong CUE claim.
It is imparative you be checked every couple of months becausde Asbestosis can turn into mesothelioma and you dont want that to happen.
We had a Heck of a SVR show on Asbestos a couple of weeks ago. We will do a follow up show and I am inviting you to call in with your story.
John
Thank you all for your responses. The Va denied the claim and conceded that I was exposed while in the Navy. That could be why the VA reopen the claim when I recently requested documents pertaining to the claim from 2002. At the time of the 2002 claim the VA was not into veterans' exposure to asbestos, but was into denying asbestos exposure claims.. I First worked as Boiler Technician and then as an Engine man. I was exposed to asbestos while in the shipyard for repairs and to rust dust and carbon dust while doing boiler upkeep. Thanks.
68mustang
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Earlier this month I went for a CT scan of the lungs to check for asbestos exposure and today I went to the doctor for a followup. The doctor showed me the report and on it states " the findings are consistent with very mild asbestos-related disease" and "there is no pleural thickening or true plaque formation". The impression states " mild pleural calcification as described above consistent with mild asbestos-related pleural disease and "there is no interstitial fibrosis". The doctor said that I had a mild case of asbestosis and to go back and see him in three months.
Back in 2002 I filed a claim for pulmonary fibrosis because the CT scan at the time stated that it showed pulmonary fibrosis. The claim was denied at that time. The claim was reopened last year by the VA when I asked for documents pertaining to the denied 2002 claim. I never requested that the claim be reopened. I have gone for VA C&P exams for other issues, but the VA decided not to send me for a C&P exam on the pulmonary fibrosis claim. I believe that the VA will make its decision based on the 2002 CT scan.
I sent the VA an IRIS request for an update on my claims and was told that it is at the rater for rating and decision.
Should I turn in the new evidence or wait to see if the VA denies the pulmonary fibrosis claim? The 2002 CT scan report makes no mention that it is related to asbestos exposure, while the new CT scan does. I don't want to delay the decisions on the other claims if I send the new evidence. Before I forget my Navy occupations BT and EN exposed me to asbestos. Thanks.
68mustang
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Anyone have any links or info on this subject.
Thanks in advance
J
bump
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I've been sick for the last 2 week but I am back. Whoopee! I got the white envelope and was granted 100% schedular & P & T.I owe it to all u guys who put up w/ me and gave me a lot of help & support. Thx u guys and God bless u and your family.
I was discharge in 8/60 from the navy and begin filing claims in 7/78. I hung in there thru all of the VA denials and until I started going on line w/ hadit and u guys were just fabulous. I am so happy. I was not granted TDIU but they increase my MDD from 70% to 100% and grnated me 10% for left L5-S1radiculopathy secondary to DDD of the spine. Plus I was awarded entitlement to SMC because criteria regarding housebound have been met which additional disabilities independently ratable at 60% or more. I will get champva chapter 35 benefits. I am 100% plus 60%'
VA says "?the issue of unemployability is moot because a schedular 100% evaluation has been assigned. I do not understan it because I filed a claim for TDIU . Which is best TDIU or 100 percent schedular evaluation? Either one, I am very happy.
:D Whoopee!.
babyray
Congrats. babyray from fellow Navy Veteran
68mustang
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Just read the following on Yahoo.com
68mustang
http://news.yahoo.com/s/ap/20100217/ap_on_...toxic_tap_water
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Well I went to VA today. It went well, I thought. I explained eveything that was going on and the examiner was vey nice. He did a bunch of the exam on his own. I mena he filled a bunch of the non specific stuff on his own. It last about 1 hr. I got a copy of the exam.
His DX
Axis 1: PTSD, Depression NOS
Axis 2: no dx
Axis 3: see poblem list
Axis 4: work related conflicts, little social interaction
Axis 5: GAF 44 current functioning
Is there total occupational & social impairment? NO
If there is not total occ and social impairment, do ptsd signs and symptoms result in deficiencies in the following areas (judgement, thinking, family relations, work, mood o school)? YES
Judgement? Yes
Examples: see above
Thinking? No
Family Relations? Yes
Work? Yes
Mood? YES
School? YES
USMC
You are lucky you got a copy of your C&P exam. Every time I ask for a copy of any of my C&P exams I have had I've been told that I would have to get copies from the Houston RO. Seems to me that I keep getting the runaround.
68mustang
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What is strange is that I originally file for pulmonary fibrosis back in 1989 was denied and then again around 2002. I sent in medical proof and was also given a C&P exam for pulmonary fibrosis and it was also denied. In 2009 I requested information concerning the claim from 1989 and never file a claim because all I wanted was the information from 1989. Not long after that request I received a letter from the VA that included a claim for pulmonary fibrosis along with other current claims that I filed. I believe that nothing will come out of the pulmonary fibrosis claim that the VA added and they are just going through the motions.
68mustang
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I also sent an IRIS inquiry today and also received a response within two hours.
My inquiry had to do with whether I would be scheduled at later date for a C&P exam for pulmonary fibrosis. I have already had four other C&P exams for other claimed disabilities but not the pulmonary fibrosis. The following is their response:
"This is in response to your recent inquiry to the Department of Veterans Affairs.
The regional office received your military records pertaining to your exposure to asbestos from the National Personnel Records Center (NPRC). Since the regional office didn’t request an exam when your other exams were scheduled, it is unlikely they will need an exam for this claimed condition.
Thank you for contacting us. If you have questions or need additional help with the information in our reply, please respond to this message or see our other contact information below."
You all have any ideas on why an exam is not needed? Thank you.
68mustang
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I went ahead and did an IRIS just to see if what they told me a the 800# was correct. The response is below. Dear Mr. _____: This is in response to your inquiry dated January 12, 2010, regarding your claim. The information you were told by our call center representatives is correct. Your file was transferred to the Huntington VA Regional Office on January 7, 2010. The representatives there have the file. It has been sent to the rating board there. This may cause a slight delay with the decision but we will do everything we can to make the decision as quickly as possible. Your file was received by the Huntington VA Regional Office on January 7, 2010. It wasn't sent on January 7, 2010. The representatives there will make the rating decision and authorize it before transferring back the regional office of jurisdiction in Atlanta. This means the final determination should be made by the representatives at the Huntington VA Regional Office. The decision will be sent to you from that office before your file is transferred back to Atlanta. Thank you for contacting us. If you have questions or need additional help with the information in our reply, please respond to this message or see our other contact information below. Sincerely yours, E. J. Kruse National IRIS Response Center Manager NBC
If you did the inquiry on 1-12 10, you got a very quick response to your IRIS inquiry. Good luck.
68mustang
I've been sick for the last 2 week but I am back.
C&p Exam For Pulmonary Fibrosis
in VA Disability Claims Research
Posted
Berta thank you for your response. I did provide a copy of the PIES list and highlighted the jobs I did and the probability of asbestos exposure. Plus I sent in copies of my job descriptions and official forms that list the jobs I did. I slept, stood watch, worked in and ate in areas with asbestos. I think after I get everything together I will ask for a reconsideration. If I need help maybe I will get a lawyer who will get paid only if they win the claim.Thank you.
68mustang