Asbestos And Lung Condition

[emmak]

WHILE GOING THROUGH MY HUSBANDS C FILE,I NOTICED A LOT OF PHMEMONIA AND CHEST INFECTIONS THEN LOOKING AT PRIVATE MEDICAL RECORDS IN THE FILE I NOTICED DOCUMENTATION THAT HE HAD PLEURAL EFFUSION AND FIBROSIS AND SCAR AT THE RIGHT BASE AND THERE IS OLD FIBROSIS OF THE SCARRING OF THE LEFT LOWER LUNG. LEROY WAS IN THE CORP OF ENGINEERS AND DID A LOT OF DEMOLITION OF OLD BUILDINGS ETC.

11TH CALVARY/919 ENGRS 1966-1977 VIETNAM. I PLAN ON FILING SOON FOR COMPENSATION SOON BUT WOULD LIKE SOME INFORMATION.

1.IS THERE INFORMATION AVAILABLE AS TO WHAT CLAIMS CAN BE GRANTED BACK TO MILITARY SERVICE? I HAVE HEARD OF CLAIMS WHERE BACK PAYMENT WAS HUGE BUT DON'T KNOW THE CIRCUMSTANCES. WHEN DOES THE SPOUSE QUALIFY FOR BENEFITS THROUGH THE HUSBAND WHEN HE IS 100% SERVICE CONNECTED?

[Berta]

WHILE GOING THROUGH MY HUSBANDS C FILE,I NOTICED A LOT OF PHMEMONIA AND CHEST INFECTIONS THEN LOOKING AT PRIVATE MEDICAL RECORDS IN THE FILE I NOTICED DOCUMENTATION THAT HE HAD PLEURAL EFFUSION AND FIBROSIS AND SCAR AT THE RIGHT BASE AND THERE IS OLD FIBROSIS OF THE SCARRING OF THE LEFT LOWER LUNG. LEROY WAS IN THE CORP OF ENGINEERS AND DID A LOT OF DEMOLITION OF OLD BUILDINGS ETC.

11TH CALVARY/919 ENGRS 1966-1977 VIETNAM. I PLAN ON FILING SOON FOR COMPENSATION SOON BUT WOULD LIKE SOME INFORMATION.

1.IS THERE INFORMATION AVAILABLE AS TO WHAT CLAIMS CAN BE GRANTED BACK TO MILITARY SERVICE? I HAVE HEARD OF CLAIMS WHERE BACK PAYMENT WAS HUGE BUT DON'T KNOW THE CIRCUMSTANCES. WHEN DOES THE SPOUSE QUALIFY FOR BENEFITS THROUGH THE HUSBAND WHEN HE IS 100% SERVICE CONNECTED?

I believe I replied to this question already-

It appears he does have a lung condition that can be associated with asbestos.

Only a doctor can really make that determination.

Also it appears his MOS put him into asbetsos exposure- his service records could support that.

Asbestos related to service is not a presumptive disability.

The claim should be filed with any evidence that he has to support it now or whatever evidence he can get after it is filed.

His unit has web sites- if he needs a buddy statement to support his asbestos exposure those sites might help him with that.

This recent BVA remand shows what I mean:

http://www.va.gov/vetapp07/files1/0701699.txt

Usually these claims take a strong independent medical opinion.

The VA will rule out asbestos if the veteran smoked or if any post service occupation copuld have exposed him to asbestos.

I posted in a reply the evidence I helped a local vet get-

Printout of his ship which was dumped on coast of Iran due to too much asbestos

Printout of VA web site info on asbestos

Printout of non vet who won millions in asbestos claim-with same type of cancer as my local vet has

Proof of his 2 Navy MOS occupation- one was probale exposure and one was highly probable per the VA PIES list (for Navy vets only)

I posted this list here before but is a good example of what any branch MOS can cause inservice exposure.

Proof that the veteran never smoked.

Proof he had no postservice occupation that involved asbestos.

And we sent the whole VA Asbestos Training letter.

Also last I heard his doctor was writing an IMO for him.

The retro payments are usually determined by date of claim.

If you file a claim on May 1, 2007 and then the VA awards-the retro date is May 1, 2007.

Some claims can generate more retro-depends on the medical evidence -and usually not over a year more retro-

If a vet receives 100% P & T the spouse is eligible for CHAMPVA and also CHap 35 educational benefits.

Edited May 1, 2007 by Berta (see edit history)