Asbestos Related Lung Disease, Denied!

[Old 5311]

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 December 13, 2005 by Old 5311

[Guest Berta]

Make sure- if your DD 214 does not reflect your actual Navy duties that exposed you to asbestos-

that the VA knows exactly what your duties and MOS was while inservice-

I cant seem to be able to post the VA PIES list-of occupational exposure-

Machinist Mate is listed as "probable" exposure-but you might have had other duties that put you into the higher probability of exposure-

If anyone gives me their two letter Navy job-I can look it up on the VA asbestos PIES list-

[Old 5311]

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!

[Guest Berta]

old 5311 - I was just thinking of you-

because I was working on my asbestos vets claim all week and found that- even though Machinst mate says "probable" exposure-on the VA PIES LIST of MOS exposure- within an old 1999 CAVC decision, the CAVC clearly held that Machinist's mate-as MOS-

in this specific veteran's claim-"was such that it would place him at high risk for exposure to asbestos." A step up from 'probable'-

It is always good to give some details as to what you actually did within the duty that exposed you.

There is no presumption for asbestos by MOS-yet the asbestos guidelines and MOS criteria are developed to help the adjudicator consider the potential for inservice exposure resulting in after service disability.

The latency factor- which VA recognises , can be 40 year or more after the exposure.

My asbestos vet just told me he has an additional cancer just diagnosed that is quite terminal-

It could be from the claimed asbestos cancer- I dont know yet-

I wrote a letter to his VA doctor asking for an opinion-

(I think the C & P he got was buggered-waiting on that)

I asked the doc to give a "more than likely" statement based on his expertise, and I enclosed with that

the fact that the vet had no other etiology prior to or after service for any exposure-

(in the med recs), 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, and that- also -as the VA knows, this veteran is a non smoker.

Also I gave the doc the VA's asbestos regs and also a printout involing a large lawsuit that a non vet had won- he got millions- but the point was it also supported this same type of cancer as due to asbestos exposure (the vet has colon cancer- regs state gastrointestinal cancer - sameo sameo in my way of thinking)

(I thought he had a private doc- found out VA doc after I sent this to the vet for the doctor to read-and I had not asked for potential new cancer as secondary because I didnt know about that yet- I dont know what good it will do-they are checking his NAVY MOS via NPRC or something- but this vet does not have too much more time left and if he gets an IMO that helps- we are asking for immediate expeditious treatment of this claim.)

[Old 5311]

Thanks Berta, Very good info! I've been covered in AB while busting in AB off steam piping and valves.

[Guest Morgan]

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

[EO2DirtDog]

Hello Everyone,

I submitted an asbestos exposure claim in 2002 and was awarded 60% right out of the shoot. I had a private pulmonary lung specialist right up some letters "that based on my service in the Navy, this is where the exposure came from" and then I submitted them with my original claim. After the C and P exam, the doctor agreed with my private doctor.

My origian claim reads "service connection is established as the evidence show that you did serve on a ship for more than a year and exposure to asbestos is conceded. Doubt is resolved in favor of the veteran.

My Navy service was from 69 to 73 - so there was plenty of asbestos. Sometime in the mid 70's, they started to rip it out of the ships so your naval service dates are pretty important.

Bob