Jump to content

Ask Your VA Claims Questions | Read Current Posts 
Read VA Disability Claims Articles
Search | View All Forums | Donate | Blogs | New Users | Rules 

  • tbirds-va-claims-struggle (1).png

  • 01-2024-stay-online-donate-banner.png

     

  • 0

Occupational Asbestos Exposure Statistice

Rate this question


Guest jstacy

Question

  • Answers 5
  • Created
  • Last Reply

5 answers to this question

Recommended Posts

Guest Morgan

Thanks for this, John. Moving to Oklahoma is looking better and better.

I have just heard from a vet I have been helping about a development in his asbestos exposure claim. He is dying of lung disease, which Dr. Bash diagnosed as service-related asbestosis. The veteran also has recent diagnosis of bladder cancer and was expecting nothing but good news from his claims for service connection. Until last week.

The VARO asked for a statement from the OPC about his lung condition, as related to asbestos exposure. The pulmonologist ordered a CT. Results: no pleural thickening, no plueral plaques, no interstitial fibrosis, no active lung disease! The man has a list as long as his arm of VA medications for lung disease, on O2 and inhalers for years, and has cor pumonale, which all victims of asbestos disease eventually gets. He passes out from poor gas exchange and has numerous VA diagnostic tests stating interstitial fibrosis, restrictive lung disease. In addition, transcripts from his SS disability hearing prove that it is not from occupational contaminants, because he had tried to get SS disability on that. A medical expert (SSA) testified that his lung disease was not occupation related. That was bad for him then, but good now. Still we have to deal with the VA's stupid remarks. Dr. B is going to look at the VA CT scan. I expect it to be another scathing doctor to doctor punch out like the ones Dorothy posted.

I think this post might hold more information for the veteran.

On another note, you are right, this is scary. Dana Reeve died last week with lung cancer and was a nonsmoker, with no "known" chemical exposure. I heard one of the doctor's say this is becoming more prevalent among nonsmokers, especially women. One has to wonder about the asbestos issue. I've heard many speak of "heavy exposure" related to asbestos claims, but it doesn't take heavy exposure to be disabled from it. It's known as the "bystander's lung disease." Some wives of pipefitters and shipyard workers died of lung disease because they were exposed by washing they husband's clothes.

Link to comment
Share on other sites

Guest jstacy

I feel real bad for this vet and It is tragic because the VA uses all the negatives to discern any asbestos related claim. Proving exposure is difficult especially if you are a peace time Vet.

I Hope Craig Bash can find something to rebut the VA findings on the CT scan. I do have 1 question, Was the CT scan a High resolution ct. If not it was an inaccurate exam in the first place.

Link to comment
Share on other sites

Guest Morgan

John,

He was in Cuba during the great standoff.

The only details I got was the scan was "without contrast." I'm not sure if that is high resolution. Doesn't sound like it would be.

Edited by Morgan
Link to comment
Share on other sites

Guest jstacy

Morgan, A ct scan w/o contrast is almost the same as a Xray. The Contrast is what shows the tissue. This exam was a set up. It was not a High resolution cat scan. If this Vet has insurance it would be best to get an outside Lung Doctor to prescribe a HRCT. Send both to Dr Bash to look at. I hope the VA did not win this one already. They are definatly waiting out this guys time. It amazes me what these People will do to delay claims. It is criminal.

Link to comment
Share on other sites

Guest Morgan

John,

The VA hasn't won it yet, the vet's wife got the news from the 800#. We are trying to head them off at the pass. The films are supposed to be on Dr. Bash's desk tomorrow, first thing. The vet's wife talked to the RO last Thursday and she went to the OPC to get copies of everything. She is totally disabled, too, so it's very difficult for her to get out. Still VA makes us do whatever they want.

I think it's a setup too. It is a shame what VA will do. I'm hearing a lot about how often the VA is saying that certain evidence is not in a file but it's as clear as can be that it's there. This is FRAUD.

Link to comment
Share on other sites

Guest
This topic is now closed to further replies.


  • Tell a friend

    Love HadIt.com’s VA Disability Community Vets helping Vets since 1997? Tell a friend!
  • Recent Achievements

    • spazbototto earned a badge
      Week One Done
    • Paul Gretza earned a badge
      Week One Done
    • Troy Spurlock went up a rank
      Community Regular
    • KMac1181 earned a badge
      Week One Done
    • jERRYMCK earned a badge
      Week One Done
  • Our picks

    • These decisions have made a big impact on how VA disability claims are handled, giving veterans more chances to get benefits and clearing up important issues.

      Service Connection

      Frost v. Shulkin (2017)
      This case established that for secondary service connection claims, the primary service-connected disability does not need to be service-connected or diagnosed at the time the secondary condition is incurred 1. This allows veterans to potentially receive secondary service connection for conditions that developed before their primary condition was officially service-connected. 

      Saunders v. Wilkie (2018)
      The Federal Circuit ruled that pain alone, without an accompanying diagnosed condition, can constitute a disability for VA compensation purposes if it results in functional impairment 1. This overturned previous precedent that required an underlying pathology for pain to be considered a disability.

      Effective Dates

      Martinez v. McDonough (2023)
      This case dealt with the denial of an earlier effective date for a total disability rating based on individual unemployability (TDIU) 2. It addressed issues around the validity of appeal withdrawals and the consideration of cognitive impairment in such decisions.

      Rating Issues

      Continue Reading on HadIt.com
      • 0 replies
    • I met with a VSO today at my VA Hospital who was very knowledgeable and very helpful.  We decided I should submit a few new claims which we did.  He told me that he didn't need copies of my military records that showed my sick call notations related to any of the claims.  He said that the VA now has entire military medical record on file and would find the record(s) in their own file.  It seemed odd to me as my service dates back to  1981 and spans 34 years through my retirement in 2015.  It sure seemed to make more sense for me to give him copies of my military medical record pages that document the injuries as I'd already had them with me.  He didn't want my copies.  Anyone have any information on this.  Much thanks in advance.  
      • 4 replies
    • Caluza Triangle defines what is necessary for service connection
      Caluza Triangle – Caluza vs Brown defined what is necessary for service connection. See COVA– CALUZA V. BROWN–TOTAL RECALL

      This has to be MEDICALLY Documented in your records:

      Current Diagnosis.   (No diagnosis, no Service Connection.)

      In-Service Event or Aggravation.
      Nexus (link- cause and effect- connection) or Doctor’s Statement close to: “The Veteran’s (current diagnosis) is at least as likely due to x Event in military service”
      • 0 replies
    • Do the sct codes help or hurt my disability rating 
    • VA has gotten away with (mis) interpreting their  ambigious, , vague regulations, then enforcing them willy nilly never in Veterans favor.  

      They justify all this to congress by calling themselves a "pro claimant Veteran friendly organization" who grants the benefit of the doubt to Veterans.  

      This is not true, 

      Proof:  

          About 80-90 percent of Veterans are initially denied by VA, pushing us into a massive backlog of appeals, or worse, sending impoverished Veterans "to the homeless streets" because  when they cant work, they can not keep their home.  I was one of those Veterans who they denied for a bogus reason:  "Its been too long since military service".  This is bogus because its not one of the criteria for service connection, but simply made up by VA.  And, I was a homeless Vet, albeit a short time,  mostly due to the kindness of strangers and friends. 

          Hadit would not be necessary if, indeed, VA gave Veterans the benefit of the doubt, and processed our claims efficiently and paid us promptly.  The VA is broken. 

          A huge percentage (nearly 100 percent) of Veterans who do get 100 percent, do so only after lengthy appeals.  I have answered questions for thousands of Veterans, and can only name ONE person who got their benefits correct on the first Regional Office decision.  All of the rest of us pretty much had lengthy frustrating appeals, mostly having to appeal multiple multiple times like I did. 

          I wish I know how VA gets away with lying to congress about how "VA is a claimant friendly system, where the Veteran is given the benefit of the doubt".   Then how come so many Veterans are homeless, and how come 22 Veterans take their life each day?  Va likes to blame the Veterans, not their system.   
×
×
  • Create New...

Important Information

Guidelines and Terms of Use