I Am Dead

[kw34]

I have been reading for some time now and thought I would share my experience. I served in DS/DS EF/IF and was denied SC for malignant melanoma with 2 positive sentinel lymph node and left groin dissection as a of exposure to burning petroleum and jet and diesel fuels and their exhaust in july 2008. I am working on my NOD however, there wos one item in the denial letter that I wanted to share and get the boards take on it.

In the introduction it was stated that the claim was a death claim and from reading my post you reconize that I am very much alive. In my NOD I mention this and that my claim was not fully developed nor properly ajudicated because it was assumed that I was dead. I did not recieve a c&p exam so in my opinion the links between petroleum and the develoment of tumors was never explored. I look forward to your responses.

kw34

The Big Man

[sharon]

Update, the RO is really on the ball. :P I recieved a phone reminder today for my C&P exam tommorrow morning. My letter actually listed the doctor who would be examining me so I looked him up Internal Medican 44 years of experience graduated Tufts I think it was.

The call more than likely came from the hospital, not the RO.

[kw34]

By no means am I singing their praises I just find it funny that I get two calls in two days and nothing but form letters for a year. I am sure they really wanted me to be there and on time.

All and all it was not a bad experience I only waited about 20 minutes to be seen I was about 15 minutes early so was seen almost at my appointment time. I was with the doctor about 50 minutes to an hour. He was older asked a lot of questions and said I had a well written IMO and very good info to support he took picturs to accompany his report to the rating board.

I am waiting on a second IMO and I will submit it as well if I have not recieved a decision in a month or so. So I gusess I'll kick it back up in nuetral and wait.

[trailblazer]

They almost always turn down the frist claim. Don't give up. It took me 4 years to get my frist claim approved and you will win, just stay with it. Best of luck.

[kw34]

I got the letter and thanks to all of you I won well partially. I was sevice connected for my skin cancer but at O% low balled just like you said they reffered to the Reg but did not apply it. The fight continues but getting service connection makes eaiser. In reading the decesion my C & P was nuetral but my two letters from my treating physicians at Duke in which both stated it is at least likelt as not and Toxicology info I submitted seem to sway the decision.

The rated me non compesensable for scars, dispite the huge hole in my leg and did not mention the adema. I just have to adjust my nod now but I am still pleased. I am waiting to get the letter I am out of town and I am having it faxed to me when I have read it myself I will give the details. Thanks again to all the hadit experts had I not found you guys I may have gave up.

KW

[kw34]

Which way should I approch this the RO rated me 0% for scars which the regs clearly show that on scars that have an area of 39cm, my scar is 120cm rate 20% and my Melanoma which was diagnosed Nov 2005 rates 100% until 6 months after final treatment which was Oct 2007. Should I ask for an increase or file an NOD.

Another question, I have 3 scars associated with my surgeries, can they be combined one was not even mentioned in the decision letter.

I also hae edema in my leg which was not mentioned in the decision i plan to file a new claim for it along with some other gulf war illnesses. As always al input is greatly appeciated. I attached a copy of the letter so you can see how little research or preperation was put in to it. The rater did not even take the time to calculate the area did not make conversion A=LxWxH 8x12x1.25=120. I had surgery before I was diagonosed and I filed after I finished treatment yet the acknoledge that i completed treatment April 2007. This is such a mess I am not sure what to do.

KW

Edited May 12, 2009 by kw34