Pulmonary Fibrosis Sced At Ao!

[Berta]

I wont be around much here for next few days or week- too much to do regarding my AO claim-and other VAola stuff-

But in accessing some citations from the CAVC -the BVA decisions are a good place to find what you need-I just found this extraordinary BVA decision.

As I have said before many times ( yet had few actual decisions to support my statements) the VA will SC anything to AO exposure -regardless if not on the presumptive list-if the veteran or widow -as in this case- can obtain ample medical evidence of AO etiology.

"The Board finds that the preponderance of the medical

evidence indicates that the veteran's terminal pulmonary

fibrosis was at least as likely as not caused by exposure to

herbicide agents during his period of active service in

Vietnam. The opinions to this effect from Dr. White, the

veteran's treating physician, and Dr. Caralis, who conducted

a biopsy of the veteran's lungs, are the most expert and

fully reasoned specific medical opinions of record. The

articles and publications submitted by the veteran's

surviving spouse serve to demonstrate that the medical

opinions provided by Dr. White and Dr. Caralis are medically

plausible and based on a recognized theory of etiology. In

light of the foregoing, entitlement to service connection for

the cause of the veteran's death is warranted.

ORDER

Entitlement to service connection for the cause of the

veteran's death is granted."

____________________________________________

The widow in this case was also a nurse but VA gave limited weight to her opinions.

However the VA gave not only weight to her IMos but also to numerous interest abstracts she supplied as well.

I am attempting to support my claim for the remand- as the remand failed to address much of my evidence-3 IMos and many internet treatises and abstracts- associated with the clinical record, as well as many past SOCs and SSOCs on claims I have won that are prime facie evidence for my present claim.

On Internet abstracts etc.----

The Court notes that where

medical treatise evidence discusses relationships between conditions with

a "degree of certainty," a claimant may use such evidence to meet the

requirement for a medical nexus. See Wallin v. West, 11 Vet.App. 509,

514 (1998). On the other hand, if the medical treatise discusses the

relationship in more generic terms, the treatise is insufficient to meet

the requirement for a medical nexus. See Sacks v. West, 11 Vet.App. 314,

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

In the past the Court has recognized that sufficiently detailed

medical-treatise evidence may be competent to

establish facts in support of an appellant's claim. See Timberlake v.

Gober, 14 Vet.App. 122, 130-31 (2000)

As stated buy the US CAVC within No. 03-1815

Robert W. Brockhouse, Appellant,

v.

R. James Nicholson

A veteran or widow should Never overlook the probative value of internet abstracts and treatises as well as citations to established known standard medical knowledge.

But this internet evidence should just be used as the icing on the cake.

Bonafide competent medical evidence (which often will only come from a 'real' doctor- one who is independent of the VA and has expertise in the filed of the disability) is the main evidence that the VA will award on.

[Berta]

http://www.hadit.com/forums/index.php?showtopic=20705

This is the only case I am aware of for pulmonary fibrosis associated with Agent Orange. It is not a presumptive AO condition.

[john999]

Berta

That is really amazing. My wife told me her EX got service connection for eye problems due to AO, and he did not have DMII. I told her I think she was mistaken and he was just BSing her. Now I see I could be wrong. He was half blind and spent much time at the VA in the detox unit and nuthouse, but not SC'ed for these things. He had a motorcycle accident after he was out which crippled him. No problem he did not work anyway. I look good compared to him, heh, heh. At least I had a steady job when I met her, and a nice car. Love is blind, but not stupid.