Berta Posted May 17, 2008 Share Posted May 17, 2008 http://www.va.gov/vetapp08/files1/0803308.txt This is an usual and recent BVA decision. "The veteran contends that service connection should be awarded for his diagnosed bladder cancer. He has stated that he was exposed to herbicides in service, as well as petroleum products, and that these exposures caused his cancer. Therefore, he believes that service connection should be awarded." He raised tewo potential reasons for VA to award. He had a strong IMO and an OSHA report that the BVA considered. It appears he claimed only residuals and not the cancer itself. Also the BVA cites cases that support how competent lay evidence should be considered. This is the first award I have seen regarding anything to do with fuel fumes and a compensable disability. GRADUATE ! Nov 2nd 2007 American Military University ! When thousands of Americans faced annihilation in the 1800s Chief Osceola's response to his people, the Seminoles, was simply "They(the US Army)have guns, but so do we." Sameo to us -They (VA) have 38 CFR ,38 USC, and M21-1- but so do we. Link to comment Share on other sites More sharing options...
HadIt.com Elder Chuck75 Posted May 17, 2008 HadIt.com Elder Share Posted May 17, 2008 The overall case illustrates the VA's reluctance to award compensation when, by it's rationale,there is any thread to hang a denial on. http://www.va.gov/vetapp08/files1/0803308.txt This is an usual and recent BVA decision. "The veteran contends that service connection should be awarded for his diagnosed bladder cancer. He has stated that he was exposed to herbicides in service, as well as petroleum products, and that these exposures caused his cancer. Therefore, he believes that service connection should be awarded." He raised tewo potential reasons for VA to award. He had a strong IMO and an OSHA report that the BVA considered. It appears he claimed only residuals and not the cancer itself. Also the BVA cites cases that support how competent lay evidence should be considered. This is the first award I have seen regarding anything to do with fuel fumes and a compensable disability. Link to comment Share on other sites More sharing options...
HadIt.com Elder john999 Posted May 18, 2008 HadIt.com Elder Share Posted May 18, 2008 Since the BVA granted it it does not set a presedent. If it had gone to COVA it could have been a big deal for many. Link to comment Share on other sites More sharing options...
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Berta
http://www.va.gov/vetapp08/files1/0803308.txt
This is an usual and recent BVA decision.
"The veteran contends that service connection should be
awarded for his diagnosed bladder cancer. He has stated that
he was exposed to herbicides in service, as well as petroleum
products, and that these exposures caused his cancer.
Therefore, he believes that service connection should be
awarded."
He raised tewo potential reasons for VA to award.
He had a strong IMO and an OSHA report that the BVA considered.
It appears he claimed only residuals and not the cancer itself.
Also the BVA cites cases that support how competent lay evidence should be considered.
This is the first award I have seen regarding anything to do with fuel fumes and a compensable disability.
GRADUATE ! Nov 2nd 2007 American Military University !
When thousands of Americans faced annihilation in the 1800s Chief
Osceola's response to his people, the Seminoles, was
simply "They(the US Army)have guns, but so do we."
Sameo to us -They (VA) have 38 CFR ,38 USC, and M21-1- but so do we.
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