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Chronic Respiratory Disorder Vs Asbestosis

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Posted

FILED (MAILED) CLAIM FOR ASBESTOSIS 2/17/06

REQUEST DRO HEARING 2/17/06

INFORMAL DRO HEARING 7/18/06 - change from asbestosis to chronic respiratory disorder at the suggestion of the DRO, I agreed.

On 12/21/06 I had a C&P Exam conducted by DR XXXX, which resulted in DR XXXX ordering a high resolution CT Scan and a Pulmonary Function Test. The CT Scan was normal the PFT was not. In regards to the Pulmonary Function Test on 1/22/07 Dr ZZZZZ Ann Arbor VAMC Pulmonary and Critical Care, progress notes state "patients airway obstruction is currently under treated".

The c&p report for the 12/21/06 exam states on page one at the bottom "SERVICE CONNECTION FOR CHRONIC RESPIRATORY DISORDER CLAIMED AS DUE TO EXPOSURE TO ASBESTOS DURING NAVAL SERVICE."

The same C&P REPORT STATES ON PAGE 13 "EXAM RESULTS CONTINUED"

1. SERVICE CONNECTION FOR CHRONIC RESPIRATORY DISORDER CLAIMED AS DUE TO EXPOSURE TO ASBESTOS DURING NAVAL SERVICE."

2. Service Connection for PTSD.

3. Service Connection for Vertigo

4. Service connection for heart disease.

In February 08 I requested a C&P for Respiratory Diseases, Miscellaneous Examination and Respiratory Obstructive, Restrictive, and Interstitial as part of my appeal.

Monday (April 7, 2008) I had a C&P Physical (WHAT ABOUT MY P&T STATUS) for, hemorrhoids, asbestosis and sleep apnea. The doctor was confused about the same thing as I am, and that is doing a exam for asbestosis when there had already been a determination of no asbestosis by a prior C&P Done by DR XXXX, her diagnosis of no asbestosis was based on a High Resolution CT SCAN of my lungs showing I dont have asbestosis. I AGREE WITH THAT. My understanding my claim is for a chronic respiratory disorder, which medical evidence shows I have a chronic respiratory disorder. The VA Continuously uses the term Chronic Respiratory Disorder in their correspondence to me.

I know I have a chronic respiratory disorder, my Medical Service record with all the Pulmonary Function Test all show a obstructive disorder.The claim is for chronic respiratory disorder and not asbestosis. What has happened here is when I filled my claim I knew about the chronic respiratory disorder that I have. I am aware of the PFT's over the years as well as other medical evidence of a chronic respiratory disorder. Because I didnt know any better I listed it as asbestosis on the claim form. At the DRO Hearing which was conducted on 7/18/06 it was suggested by the DRO to myself and the DAV Rep that we do a informal hearing and go over the case, clarify issues and make recommendations. Thats what we did. When asbestosis came up it was suggested that it be changed to chronic respiratory disorder vs asbestosis. I agreed because I knew of no medical evidence of me having asbestosis just exposure, But I am fully aware of my lung problems and what medical evidence there is to support obstructive lung disease within my SMR and VA records.

5/7/07 va letter page 4 paragraph 2 " a decision on entitlement to compensation for

chronic respiratory disorder (also claimed as asbestosis)is deferred pending compliance with out

vcaa duty to assist notification requirements. This issue is not currently on appeal."

7/31/07 VA Letter (VCAA LETTER) "service connected compensation for chronic respiratory disorder (claimed as asbestosis)

To make my self clear this is over my confusion why the VA is doing

a C&P for asbestosis when it has been determined I dont have it in December 2006.

But In december of 2006 the Pulmonary function test confirms I have Obstructive Lung Disease.

The VA sent me two (above) more letters where they use the term "CHRONIC RESPIRATORY DISORDER"

:blink::rolleyes:

Betrayed

540% SC Schedular P&T

LOWER YOUR EXPECTATIONS AND THE VA WILL MEET THEM !!!

WEBMASTER BETRAYEDVETERAN.COM

-----------------------------------------------------------------------------------------------------------------------

You hit the street, you feel them staring you know they hate you you can feel their eyes a glarin'

Because you're different, because you're free, because you're everything deep down they wish they could be.

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  • HadIt.com Elder
Posted

Betrayed, I have a feeling they are getting ready to throw the old COPD at you.

They may go as far to say you have Emphyzema.

If a Vet Smokes or smoked in service then they will usually attempt to use it against the Vet.

A HRCT is a good tool for pinpointing a spacific area like a lower lobe but it may miss things.

They should have done a regular CT with contrast and then a HRCT to check a spot in more detail.

J

A Veteran is a person who served this country. Treat them with respect.

A Disabled Veteran is a person who served this country and bears the scars of that service regardless of when or where they served.

Treat them with the upmost respect. I do. Rejection is not a sign of failure. Failure is not an option, Medical opinions and evidence wins claims. Trust in others is a virtue but you take the T out of Trust and you are left with Rust so be wise about who you are dealing with.

Posted
Betrayed, I have a feeling they are getting ready to throw the old COPD at you.

They may go as far to say you have Emphyzema.

If a Vet Smokes or smoked in service then they will usually attempt to use it against the Vet.

A HRCT is a good tool for pinpointing a spacific area like a lower lobe but it may miss things.

They should have done a regular CT with contrast and then a HRCT to check a spot in more detail.

J

I have a appointment with the doctor (non va) who did my sleep study stuff. She screened me and recommended the study, but I never had a follow up with her. I am going to try and get something in writing from her but hell I dont know what I should try for? The DOC who did the C&P told me when I questioned him that I was a smoker. How do I head this off?

Betrayed

540% SC Schedular P&T

LOWER YOUR EXPECTATIONS AND THE VA WILL MEET THEM !!!

WEBMASTER BETRAYEDVETERAN.COM

-----------------------------------------------------------------------------------------------------------------------

You hit the street, you feel them staring you know they hate you you can feel their eyes a glarin'

Because you're different, because you're free, because you're everything deep down they wish they could be.

  • HadIt.com Elder
Posted

You do want to go outside and use your tricare to go to a good Pulmonary Doctor.

One that can differentiate between COPD and asbestosis.

Then the DOc may tell you how to show physical proof.

I got turned down on my asbestos claim and I was a Naval Insulator and removed asbestos.

On the bright side, I got 100 percent for Restrictive Lung Disease and Diaphragm paralysis based on Pulmonary Hypertension.

So there may be other avenues to get the lung service connected.

A Veteran is a person who served this country. Treat them with respect.

A Disabled Veteran is a person who served this country and bears the scars of that service regardless of when or where they served.

Treat them with the upmost respect. I do. Rejection is not a sign of failure. Failure is not an option, Medical opinions and evidence wins claims. Trust in others is a virtue but you take the T out of Trust and you are left with Rust so be wise about who you are dealing with.

  • In Memoriam
Posted

I have been kind of curious about you not posting for a while (maybe I just missed the post). Last I heard you were going back on the Chantix. Sure, I was a little worried because of my problems with the drug.

The Sleep Study doctor in Mo., was caught handling the patients equipment while he was asleep during the study. I think it is good that you are going to a civilian doctor for the sleep study.

Stretch

Just readin the mail

 

Excerpt from the 'Declaration of Independence'

 

We have appealed to their native justice and magnanimity, and we have conjured them by the ties of our common kindred to disavow these usurpations, which, would inevitably interrupt our connections and correspondence. They too have been deaf to the voice of justice and of consanguinity

Posted
there may be other avenues to get the lung service connected.

thats what I'm looking for, appt in two hours, tick tock....................

Betrayed

540% SC Schedular P&T

LOWER YOUR EXPECTATIONS AND THE VA WILL MEET THEM !!!

WEBMASTER BETRAYEDVETERAN.COM

-----------------------------------------------------------------------------------------------------------------------

You hit the street, you feel them staring you know they hate you you can feel their eyes a glarin'

Because you're different, because you're free, because you're everything deep down they wish they could be.

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