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Asbestos Related Lung Disease, Denied!

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Old 5311

Question

My diagnosis was for asbestos related lung desease; emphysema. Maybe I went wrong using the word "asbestosis". Who knows? The damage is located in the upper lobes vs lower. This is what the RO emphasized.

Quote from my Rep:

For VA purposes any post drug predicted FEV1 reading above 80% are considered normal, your's was 108%, this is one of the reasons the VA Dr says your breathing problrems are un related to asbestos, he also says you have dammage to the upper lobes of the lungs and asbestos always effects the lower lobes first, so if you have asbestos exposure related lung disease and show effects to the upper lobe, you should also see it in the lower lobes, again according to the scans you submitted, you only have involvement in the upper lobes - and none in the lower lobes.

My VAMC test results:

FEC: PREDICTED-4.95. PRE DRUG REPORTED% 3.90. PRE DRUG PREDICTED 79 <. POST DRUG PREDICTED 95. %CHANGE 20.

FE1: PREDICTED 3.42 PRE DRUG REPORTED% 3.24 PRE DRUG PREDICTED 95 POST DRUG REPORTED % 3.71. POST DRUG PREDICTED 108. %CHANGE 14.

I was also exposed to Sodasorb and Barylyme while diving..

Any thoughts out there regarding this?

Thanks and MERRY CHRISTMAS!

Edited by Old 5311
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I attached a printout from the VA itself regarding VA's own recognition of asbestos and disability from it as it was found in old ships.

Berta,

Can you tell me where to find this information from the VA? I'm working on a claim for a veteran with asbestos exposure. He just recently developed bladder cancer, which is also recognized as a higher risk for those with asbestos exposure. He found out about the cancer after we filed his claim, so we are working on more documentation.

Thanks,

Carrie

Carrie- this was attached to email some time ago by one of our members here-he hasn't been around lately- I made a pdf out of it and cannot get it to copy, paste, or attach here.

My kid will be home in a few days and she will try to get it to post-

Meantime -if you have his Navy occupation code it would help-

I could see if it is on list- 4 pages-

Dirt Dog is correct however- these had to be older ships- do you know his ship's name?

I have a article and picture of my asbestos vet's ship if we need it for VA-USS Bordelon- it was sent to Iran as salvage- probably because too much asbestos to remove-

Also the vet cannot have any other known etiology for their disability- like- if they left mil and smoked for 25 years -the VA tries to rule out lung cancer due to this on asbestos claims-

also one BVA decision I read, the vet was probably exposed in service but then as a civilian he removed asbestos for a living-the BVA denied as they felt the post service occupation most likely caused his asbestos-

it isn't presumptive but with MOS of exposure and asbestos disability they have to run these claims through NPRC and determine the probability of asbestos exposure-of course they want to find any other possible cause for the disablity too- to save money.

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Berta,

This vet was a Marine from 1960-1964, but he was onboard Navy ships for over a year, some of it during the Cuban crisis. He was a rifleman, but he said his job onboard was whatever the Navy needed him to do, so he dusted horizontal surfaces that were covered in asbestos dust, cleaned up all the frayed insulation, helped the painters, etc., and he slept top bunk, directly under an insulated pipe that dropped asbestos dust on him every night. He was on several ships: USS Paul Revere, USS Cavalier, USS Pickanay, USS Renville, USS MaGoffin, USS Montrose. Dr. Bash reviewed his films and wrote a great IMO for him. He gets SSD for his lung problems.

He just had surgery for bladder cancer, so they asked the VA to expedite his claim after the news of the cancer. Does the VA ask for dependent's information before it makes a decision? They got a letter last week asking for her divorce decree (this veteran is her second husband). I thought that sounded as if they are trying to confirm her as a dependent to calculate the compensation, which would mean he is approved. What do you think?

Carrie

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John

In May 04, I lost my job of 31 yrs with the gov't because of my asbestos disease - just couldn't breathe so I was unable to due my job. I applied for IU the same month and was awarded IU in June 04. Two weeks later, I received a letter from the Atlanta, GA VARO stating P&T awarded effective June 04.

I know I had it much easier than a lot of vets - the Atlanta GA VARO has been excellent for me as well as all the doctors in the North Florida/South Georgia Vets Health Care Program.

Bob

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j999, MorGan, jstacy and Berta: All good well thought out replies. You'all are awesome! I have an appointment Jan. 11 with a pulmonary specialist, NASJAX hospital. He will determine a fresh diagnosis and I will use his notes for my NOD remarks. The disease was discovered in the ER after I was found unconscious. The hospital gave me a chest x-ray and a Nuclear mist lung scan and immediately asked me how long I've been smoking. Their diagnosis was Emphysema. BTW the x-ray showed nothing. Our discussion led to asbestos after my informing the Dr. that I am a lifelong non smoker and spent years exposed to AB. This discussion resulted in a diagnosis of Asbestos related lung disease; Emphysema. I have also been exposed to large amounts of Sodasorb and Barylime. Soon I'll get another opinion. My large lung capacity unfortunately makes for good PFT results. Glad to hear about the HRCT and will try to get one. Soon I'll have more data and new diagnosis to support a well founded NOD. Thanks for all your efforts and advice!

MERRY CHRISTMAS!

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