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Jim MAC

Senior Chief Petty Officer
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Posts posted by Jim MAC

  1. Department Of Veterans Affairs

    VA Regional Office

    210 Franklin RD

    Roanoke VA 24011

    Attention xxxxxxxxx-In reply to 314/21/

    Dear Sir

    1,I received a rating decision dated 10 April 2006. Consider this letter to be an official “Notice of Disagreement” (NOD) regarding the following disability. I am requesting a DE NOVO review by a new Decision review officer. I wish that the new Decision review officer use Sec. 4.3 Resolution of reasonable doubt. It is the defined and consistently applied policy of the Department of Veterans Affairs to administer the law under a broad interpretation consistent, however, with the facts shown in every case. When after careful consideration of all procurable and assembled data, a reasonable doubt arises regarding the degree of disability such doubt will be resolved in favor of the claimant.

    2, I was turned down for scaring on my lungs due to asbestos exposure. I am requesting

    Service connection due to the following facts of record. My primary specialty during active duty was Aerospace propulsion craftsman, jet engines, the dept of Veterans Affairs own memorandum dated May 13, 2002 identifies the likelihood of asbestos exposure for a service member with my specialty as “probably.” One of the reasons I was turned down was that an x-ray given while I was deployed to Saudi Arabia on 1 November 2001 showed my lungs to be essentially normal. The United States Government own website run by the US National Institute of health www.cancer.gov/cancertopics/factsheet/Risk/asbestos#q3 states

    REMEMBER THIS IS AN OFFICAL US GOVERMENT WEBSITE

    “Although it is known that the risk to workers increases with heavier exposure and longer exposure time, investigators have found asbestos-related diseases in individuals with only brief exposures. Generally, those who develop asbestos-related diseases show no signs of illness for a long time after their first exposure. It can take from 10 to 40 years for symptoms of an asbestos-related condition to appear.” So denying service connection for scaring on the lungs because it was not shown in 2001 is against what our own government states about the 10 to40 year period.

    3, The record also shows I was involved in a major fire on a C141B Aircraft at Pope Air Force Base on 29 October 1987. I received the Air Force Commendation for saving the Aircraft and possibly the life’s of the flight crew. On the day I received massive amount of chemicals in my lungs. The Drs Report from Ft Bragg hospital even states that my facial hair was burnt off.

    4,The Veterans Administration own training manual states The latent period for asbestos-related diseases varies from 10 to 45 or more years between first exposure and development of disease. Also of significance is that the exposure to asbestos may be brief (as little as a month or two) or indirect (bystander disease). See VA See

    Adjudication Procedure Manual, M21-1, Part VI, 7.21(a)(1).

    5, Another reason I was turned down was the rating officer stated I was a long term smoker. The Board of Veterans Appeals has stated that smoking alone is not a reason for denial of asbestos exposure diseases. V/R

    xxxxxxxxxxxxx

    B)

  2. A Hadit friend who came here who has had a claim going for over 8 years called me today and told me he got a big check from the VA. He had a good claim but a bad VARO and than AMC and back to VARO but with his second IMO he broke through and was awarded 40% last August which really helped him a lot. This weekend he got the award letter it was 90% but not with TDIU or 100% P&T like it should be.

    We have been talking on telephone now for 3 or 4 years a few times a week most of the time. He has multiple injuries and for some reason the VA just could not get it right. In fact they still haven't but they are very close.

    He and I both think that Dr Bash is the reason he won.I know that some here on Hadit help a lot more behind the scenes than people know.

    So if you have been waiting a long time please don't give up. MT Scull waited over 20 years to get his and it took Kim to help him.

    Pete

    keep up the good work, You do more them you will ever know

    Jim B) B)

  3. Thanks to all who signed to this point. We know the bennies arent the greatest thing going, but it's a start. Most may never use any of the facilities but being recognized for the sacrafices would be appreciated by many. One day out of the year (Veterans Day) is such a crock. One day out of 365 someone does something for Vets and these days it's a small parade and day off. The day off is more important to most then the fact that people had to die to get that day. It's a crying shame.

    Thanks again.

    Kelly

    Here in Virgina it is not a state Holiday My Kids go to school on Veterans Day

    Say a lot about Hampton VA doesn't it

    Jim

  4. Jim:

    Don't it feel great to help another Veteran. Sometimes just asking will move mountains.

    Pete

    All I did was write the letters for him based on your and Berta advice but I feel great Going to have a few drinks and celebrate. I feel like I realy helped somebody. He is 64 years old and now can retire ( Could not afford to before.) I feel better for him then I did for myself when I won my first claim.

    Jim

  5. That is WONDERFUL news!

    I like to think we "move money"-

    It feels great to "move money" from the VA into the checking account of deserving vets-

    the reality is however, just what you said-

    a successful award can change a life for a vet and for their dependents.

    If he has ED due to this prostrate condition he should ask for SMC "k" award too-

    Great news! Berta

    Berta

    The Va wishes that they would have paid you what the owe you from the start. Just think how much you have cost them by getting Vets what they are owed. If the VA would have been fair with you you never went have gone to the internet looking for help. The more they screw over vets ( or Vets wifes) the more we ban together

    Jim

  6. I had a visitor Today. A retired Vietnam Pilot with Prostate Cancer from Vietnam.

    When I first came to this site I was so upset with the VA that I decide to take some of my excess anger out on the VA by helping other people. I was talking to my boss and he told me he was rated at 20 percent for his Prostate Cancer. I came online (on the old site) and ask you all if he was being under paid. You all but especially Pete and Berta toll me it was to low. Well we submitted a increase he was raised to 60 percent we also asked for an increase on his hypertension which was rated at 10 percent. He has just received his first check for over 1,000 dollars. Since he is a military retire there is no back pay.

    He went to a C+P exam today for the hypertension I will keep you all informed.

    I knew he got an increase but I thought he was like me a military retire and had to wait 10 years for the full phase in. Well he applied for CRSC and received it. He wanted me to pass on his thanks. Told me he can now afford to retire. I feel great you all should feel great. I was told we changed his life. I am on cloud 9 myself

    Jim

  7. Typical crap from the lying retirees.

    First of all, none of these benifits were ever authorized by congress. Secondly, why should a mail clerk in the military draw beneifts after a mere 20 years that a mailman with the Post Office doesn't get after 40 years?

    Third, if anyone is deserving of such benefits it is the combat injured veteren regardless of the amount of time he served.

    A man can see more in one day in combat than these retired turds see in 20 years.

    Tachio

    Have you forgotten you medication again. If it was put to a vote I say at least 90 percent of the retires would say let the Disabled Vets have the bennies. Space A is a joke if you got about a week trying to get a flight you might be lucky enough to get one. I do not know what you have agaginst retires but my Mom always aid if you have nothing nice to say to or about someone you schould not say anything. So I will keep my mouth shut when it comes to you. Oh BTW way postal workers in the miltary get motored also.

    Jim

    PS Warfare has changed since your time. It started with Vietnam no safe areas at all. Even the big bases get hit

  8. Dear Veteran

    All you need now is a Dr statement that your disabity prevents you from working and that will get you your 100% by being granted Individual unemployablity. You wont have to go through the appeal process unless you want to after you got your 100%.

    Terry Higgins

    Hello All

    Hey Terry not ready to quit working yet still enjoy it. Whats going to cause me to quit working one day is the right arm and neck pain which is real hard to live with some days. I will get that serviced connected if its the last thing I do. When the bury me it will be upside down so the VA can Kiss my AS*. In my pockets will be my latest appeal.

    Have a great day you all

    Jim

  9. Jim-- your skin cancer- is that in remission?

    I am wondering =is the "0"% NSC or SC? Of course I hope it doesnt get worse though-

    is this from the constant sun aboard deck of navy ships? Or service in tropics? I am just assuming but I sure dont suppose you guys ever got sun screen issued by the mil many years ago.

    and the exostosis distal right clavicle -do you have anything in your SMRs to support that?

    This vet was exposed to ionized radiation as well as tropical sun in the service-

    he was not awarded service connection for radiation causing his skin cancer, but for tropical sun exposure instead. He had two ways to go-but the rems he was exposed to were too low for ionized radiation SC (that is HARD to get SC on ) and fortunately he claimed service in tropics as one other potential reason for his skin cancer.

    He had good medical evidence and -dont know how they would rate this but he did get skin cancer service connected.

    http://www.va.gov/vetapp02/files03/0211672.txt

    Berta

    Skin cancer was a slam bam in my service records a little present from my last trip to the sandbox in 01. In my SMR it shows treatment for right schoulder pain but no xrays were done. Was given the standard motrion. Can you explain in layman terms what exostosis distal right clavicle means all I know is my shoulder hurts like he##

    Also skin cancer was on my nose not the bad kind the other stuff civilan doctor cut it out

    Jim

  10. It would never work. I say No. If passed it would just have DOD one day say "Active Duty Only". They are not equiped to handle the crowds. Imagine just getting on base.

    If they are that concerned raise the money amount paid for all percentages.

    Greetings All

    As a retire with 24 years of service I may be in the miniorty but I am all for it. First of all the PX/BX makes a profit and the profit is plowed back into the MWR funds on base. So in reality by letting disabled Vets shop in the BX they are supporting the troops with more money for on base activites. Its not the retires that would raise hell about it its the local stores downtown who would. As far as the commiseries go who would it hurt to allow a disbled vet to shop there. The 5 percent surcharge pays for the operating of the commisery. Space A travel thats a no-brainer retires are priorty 6 make disabled vets a priorty 7. The only thing I would like to see is to make it like the VA when you hit 50 percent with the VA you get all your medicall coverd. I would like to see it if you are 50 percent disabled you get the bennies.

    Just my 2 cents worth

    Jim

  11. Bob- great point-

    " I had all this evidence when I had my initial C&P done and handed this to the VA doctor. I also attached this evidence to my initial claim."

    I gave my asbestos vet the VA asbestos info in 38CFR-for his C & P doc-

    he has colon cancer which is spreading-with no other known etiology for it but for his exposure to asbestos in the Navy in two separate occupations aboard ship-

    I also gave him a print out of a private lawsuit- non -vet but the guy got a very large settlement from an asbestos company- due to his colon cancer determined as caused solely due to asbestos.

    I cannot understand why asbestos disability is not presumptive if the vet can prove exposure- and has no other known etiology for an asbestos related disability.

    The above vet- I researched his ship-it had so much asbestos and other problems that they dumped it somewhere near Iran.

    When the Navy recognized how much asbestos was in those older ships, it was too costly to remove it.

    Berta

    Turned down also but my DRO letter will be going in the mail this week

    Jim

  12. Thanks to Hadit I am now rated at 70%. Up from 60 percent of course thats in VA math.

    New rateing Acid Reflux from 10 percent to 30 percent

    Laryngitis from 0 percent to 10 percent

    With my prior rateing of 50 percent for sleep apena 10 perecnt for tinuitis 10 percent Acid reflux and o percent for Laryngitis, o percent for skin cancer. If i figured the VA math out right I am now at 70 percent. I received those 2 increase thru the DRO process in under 6 months.

    Thats the good news bad news is received my origanal claim for asbestos expousre ( scaring of my lungs.)

    Turned down FIGHTS ON WITH A DRO APPEAL FIRST.

    DRO also turned down my claim for sinusitis and exostosis distal right clavicle (right shoulder pain.)

    To the BVA I go. Only bad things is no back pay due to me being a military retired.

    I keep you all informned anybody got any good Ideas?

    Jim

  13. I totally agree that sex offenders should be in jail, but unfortunately not all are...and a lot of them are on the VA rolls.

    Let me say that I don't advocate cutting off everyone's ED meds , but if they have to temprarily in order to clear the system of convicted sexual offenders receiving the drug ( and yes some do need ED meds, as funny to you as it may sound ), then I cannot imagine anyone having a problem with that scenerio.

    Afterall we all know that there is more than one type of sex, and as a nurse and an adult I know for a fact there is more than one way to bring a man to orgasm that doesn't require an erection.

    Use your imaginations for a change.... :)

    My ex was impotent for years and believe me that is not what ended our marriage.

    Seattle

    As a 45 year old male in consent bvack pain I do not have the sex drive I schould have. With a marriead couple sex is more then an act it is intermicty (sorry about the spelling.) My wife feel closer to me after we make love and that is what is imporant to me. I wish I could get the little blue pill and I will ask the Dr on April 17th (next VA apt) for the little pill

    Jim

  14. i have had my claim pending now for one year and i have turned in any and all records they have requested of me and i have even had my exam which went rather well .

    they tell me something diferant every time i talk to someone at the va and now i get this letter after talking to a rep last month and he tells me yes mr livingston i remember u you handed your records to me . they send me this letter and an attached letter to sign tghtjrsyykukduyjjr.rtf

    hfhfhfhfhtythjttyrth.rtfthis is the second part if i tell them i have sent in all that i have for several months and they send me this whats going on i even went so far as to get my old super to submit a letter telling them that every building we worked in was filled with asbestos and he oofered sworn statement and it was submitted and they have my exrays and all my records this has drown out for a year now this month .. what does these letters mean is this another stall tactic or what ??

    Don't worry every body who has an active claim or a appeal got a copy of that letter. I received mine as well.

    Jim

  15. That's a bunch of baloney!!!! Go to this link, print it out and send it to them.

    Combat-Related Special Compensation

    Simply put Combat-Related Special Compensation (CRSC) provides military retirees a monthly compensation that replaces their VA disability offset. This means that qualified military retirees with 20 or more years of service that have "combat related" VA-rated disability will no longer have their military retirement pay reduced by the amount of their VA disability compensation. Instead they will receive both their full military retirement pay and their VA disability compensation.

    The 2004 National Defense Authorization Act, Combat Related Special Compensation was expanded to include disabilities incurred as a direct result of:

    Armed Conflict

    Hazardous Duty

    Conditions Simulating War

    An Instrumentality of War

    Unlike concurrent receipt, CRSC will not be phased in over ten years. Once a military retiree has been determined to be qualified they will receive their regular retirement pay plus an additional sum based on their VA disability rating.

    Note: CRSC is relatively new legislation, and was recently revised. Many of the policies and procedures are left to the discretion of the parent military branch, and are subject to change in the

    From: http://www.military.com/Resources/Resource...38339--,00.html

    I receive my Military Pension and Iam also rated at 60 percent. You will receive $400 a month in 2006 extra. Since you are retired there is no back pay for either Concerent Recpit or CRSC. If the VA taxes 10 years to rate your claim still no back pay. I have a claim since Aug 04 has finally went to the rateing board

    Good Kuck

    Jim

  16. Jim,

    To reveal that information would be a breach of security.You know that.. B)

    In reality though, do you actually have asbestos posioning? How was that tested...

    Oh yes,, It is very possible that if you were around the airfield/ship in a area where brakes being removed, installed,, High concentrations can be seen in the lungs from inhaled dust.

    Josh

    The asbestos poisioning was found during a gulf war phyiscial by the VA found scaring on my lungs from the asbesotoes.

    Jim

  17. I have a claim in for asbestos poisoning and received a letter from the VA asking what chemicals I used in the service. I was a Jet Engine mechanic/ crew Chief. I know I was exposed to JP4, JP5, fuel 7808, 23669 oil hydraulic fluid pd 680 and trkie but I can not think of any thing else right now does anybody have the list of chemicals used by Aircraft mechs in the service?

    Thanks,

    Jim

  18. GOOD MORNING EVERYBODY,

    I HAVE A TWO-SIDED QUESTION TO THROW OUT HERE TO EVERYBODY. I REOPENED MY CLAIM LAST YEAR AND HAD GOOD RESULTS ON THE FINAL OUTCOME. MY PTSD WAS CHANGED FROM 0% TO 50%, SO ALONG WITH MY OTHER STUFF I WENT FROM 60% TO 90%. HOWEVER, ON MY RATING DECISION FOR THE PTSD INFO IT SAYS I MUST BE RE-EXAMINED IN 3 YEARS. I HAVE BEEN GOING TO THE VA DOCTORS IN THE MENTAL HEALTH AS WELL AS THE VETS CENTER FOR OVER 8 YEARS. ALONG WITH THAT I HAVE BEEN ON MEDS PRESCRIBED BY THEM FOR ? YEARS. IS THIS A NORMAL SITUATION OR IS IT UNIQUE?

    NOW FOR THE SECOND QUESTION. I HAVE BEEN PONDERING THE THOUGHT OF APPLYING FOR THE COMBAT RELATED SPECIAL COMPENSATION (CRSC) BUT HAVE SECOND THOUGHTS, AS I HATE TO START FILLING OUT 6,000 FORMS AND LETTERS AND DIGGING UP ALL THE STUFF AGAIN. MY QUESTION "IS IT WORTH IT" AND HOW MUCH STUFF DO I HAVE TO GET FOR THAT? IN FACT "HOW MUCH" IS IT WORTH OR IS IT JUST A TAX FREE STATUS AS I AM LED TO BELIEVE.

    ANY HELP OUT THERE ON THIS WOULD BE GREATLY APPRECIATED.

    Gunner

    Are you retired military? CRSC only comes into play if you are retired Military with more then 20 years service.

    Jim

  19. Maybe I missed something in translation but in my letter from the VA says they subtracted 200.00 from my disability pay, added it to my little retirement pay said it'll be combined in one check and all be taxed. If anyone understands this could you please explain it to me.

    Wayne

    Wayne it all depens are you drawying Concurrent receipt? If you are it sounds like you are retired at the 60 percent level. The VA check is tax-free but the Concurrent receipt is tax at 10 percent. Any questions feel free to ask I am a military retiree in the same boat.

    Jim

  20. Below is one of the storys on Anthrax shots. The local paper has done a great series on the problems with Anthrax here is the link.

    http://www.dailypress.com/news/local/dp-an...36.storygallery

    V/R

    Jim

    Anthrax Q&A

    December 6, 2005

    We asked readers if they had any questions about the anthrax vaccine or the vaccination program. Here are some of the questions and the answers:

    Q: The FDA has reported that there have been 21 possible deaths from the vaccine. How can the FDA possibly consider licensing this vaccine with that high of a death rate, and how can the Department of Defense possibly insist it is a safe vaccine, and how can the lawmakers actually stockpile this vaccine and try to push this vaccine on the American populace?

    A: The U.S. Food and Drug Administration maintains that there is no proof of a causal connection between the deaths and the vaccine, despite the findings in several of those cases by civilian experts in forensic pathology (the science of determining the cause of death or illness). The Department of Defense maintains that the vaccine is safe and effective. As for Congress, you might want to contact your representative.

    Q: My son will be deployed to Iraq in three months. Should he take the Anthrax vaccine?

    A: That's a decision he'll have to make. You might direct him to this Web address: http://www.dailypress.com/news/dp-anthrax-...=dp-widget-news where we have tried to assemble a comprehensive and balanced chunk of information to help.

    Q: I was in the military for about nine years and have had about nine anthrax shots. I would like to know about some of the health consequences that may happen as a result of this. A: Even those who believe the vaccine is safe say this is the biggest unanswered question: What is the long-term (five or more years) effect of the vaccine? The Pentagon and the U.S. Centers for Disease Control and Prevention are designing studies on this topic, but are at least a year or more away from having even preliminary answers.

    Many experts in vaccines say that if you've noticed no ill effect so far, it's unlikely that you will in the future. Others say that's not certain. Federal licensing officials haven't required a long-term safety study for any vaccine, not just for anthrax.

    Serious reactions frequently involve these symptoms, often in combination: chronic fatigue; tingling in feet or fingers, often accompanied by loss of use; chronic pain, especially in joints; sleep apnea; mild depression; loss of eyesight.

    Q: What will happen to those of us who were court martialed for refusing the vaccine before it was made voluntary?

    A: John J. Michels, a former Air Force officer and lawyer who has been involved in litigation about the vaccine for several years, recommends filing with the Board of Correction of Military Records. Each branch of the service has its own board, but the form is standard - a DD-149. You can download a copy at http://www.dtic.mil/whs/directives/infomgt...orms/dd0149.pdf

    On Thursday, the Court of Appeals of the Armed Forces is scheduled to hear the first appeals for people court-martialed for refusing the vaccine. If it rules in favor of those appealing, Michels says the path to exonerating others should be relatively simple. A favorable ruling by civilian courts that are considering the legal status of the vaccine's licensing could also help, he says. But you'd still have to petition the board to get your record changed, and you shouldn't wait to file the paperwork.

    If you'd like help with this form, you can e-mail attorney Mark Zaid at zaidms@aol.com. There is a fee, but Michels says it's relatively low.

    Q: I am a 21-year Navy veteran that had to struggle immensely to make it to 20 after receiving the shots. After the second round, it was fibromyalgia, chronic pain syndrome, sleep apnea, mild depression and an odd thing called uveitis in my left eye .... the immune system is activated by an unknown cause and attacks the eye.

    A: Several lawsuits have been initiated, but they keep running into an obstacle called the Feres Doctrine, which protects the government and its contractors from lawsuits involving military service unless you can prove someone knew about a problem and didn't do anything to stop it - a tall order.

    Your energy might be better spent working on Department of Veterans Affairs benefits. Many veterans have found the VA easier to convince than the military when it comes to vaccine-related illnesses.

  21. Bertha

    We had a few drinks together tonight boy is he happy, no back pay he is a retire he told me he would bring his rateing sheet in tommorow. He is working he is my boss at work so i guess i got some good browniepoints there. He is a real good dude he went from 20 percent to 60 percent and we only asked for an increase on April 15 2005 that is quick.

    Jim

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