Cue Question About Denied Claim

[smilen66]

Good Evening Everyone,

Many of you may know my claim was denied last week. I've settled down some and was finally able to read the entire claim decision today.

In Section 3, sc was denied for degenerative joint disease for thoraculmbar because my service treatment records show only 1 complaint of low back pain (Oct. 20, 1982).

My tour of Duty was 9-22-80 through 9-23-84

Entries in my treatment record:

• 11-6-1980 back pain
  
  
• 12-3-1980 Thoracic Back Pain (Taken by Ambulance to Emergency Room)Note made by Dr.: Injury 3 weeks ago with persistent pain.
  
• 1-16-1981 Right Lower-Mid Thoracic Pain
  
• 10-20-1982 Pain in Mid Section of Spine
  
• 7-8-1983 Back Pain Inferior border of Right Scapula
  
• 3-7-84 Right Thoracic back pain
  

My question is wouldn't the above be considered a mistake made by the rater, if there are other treatment days in my service treatment record?

Thanks for responding!

[samiam1978]

I dont see the basis for a CUE here-

You should have received a VCAA letter a few months after you filed this claim. It should have stated exactly what evidence the VA needed to have.

Based on your post you are claiming "7 autoimmune diseases"-due to exposure to 'environmental agents.'

You need medical proof that environmental agents caused your disabilities and then proof of exposure to the environmental toxins or agents.

I deal with Agent Orange issues a lot so I know you don't mean AO- do you mean Project SHAD (112)? --what environmental agents did you identify?

"They were denied because there was not evidence of the environmental agents I had stated except asbestos"

Did VA confirm you were exposed to Asbestos?

Do you have any medical evidence that asbestos could have -as likely as not- caused the Auto immune diseases you have?

Wow!!, Lets see the Veteran's Hospital has diagnosed me with COPD,Emphysema, Sarcoidosis of the lungs and skin, Fibrosis of the heart and liver, Obstructive/Central sleep apnea, Narcolepsy, Hypothyroidism, Hypertension, Rheumatoid arthritis of the knee and ankles, Sjogern Syndrome,Major depression with anxiety and panic attacts and on oxygen thearpy 3 liters 24 hours a day. The evidence I was talking about that was listed under Notic of Disagreement has statments from former sailors that were on the two commands with me stating that the exposure to asbestos, sandblasting duct(silica) mold, fumes from lead based paints used on submarines, anti-skid grinding for welding jobs, and toxie raw seweage from trial and error methord of learning the sewage treatment system on the USS Fife. Yes, the Veteran Affairs has confirmed the exposure to the asbestos only at the time of the decision. I do not have a doctor saying, MORE LIKELY THAN NOT, I only have 6 entries into my medical records of Upper Respiratory Infections and on my exit physical marked as having medical problem with ear nose and throat. That decision was made almost 2 years ago and have not heard a word. I did file my form 9 for a BVA appeal when the judge comes through my regional office and my VSO says he hopes it will be in the Spring of 2010. I am still planning on asking each doctor for that statment but I was hoping the evidence I had stamped would be use and be enough to prove the exposure. I appreciate any constructive information at this time for help. Thank you.

[john999]

1978

If you are going to prove service connection due to exposure to toxic agents you are going to need a lot more than just symptoms you listed. You are going to need medical opinions that the agents caused your problems, and that you were exposed to the agents. If the only thing you have in your SMR's ear, nose and throat infections and respitory infections you need major, major help with this claim. Are the autoimmune diseases presumptive for exposure to the agents in question? If they are not they you have to prove it. Just because some sailors say all those problems were caused by the agents you talk about is not proof. You are claiming Service Connection for 7 autoimmnune diseases from different agents? You might as well get a shotgun and load it up with birdshot and shoot it at the claims process. Do you have any evidence in your SMR's besides ear, nose and throat infections to claim all the diseases you list that you have now? Are you by any chance a heavy smoker?

[Berta]

You definiteley have conditions that are consistent with exposure to asbestos.

you stated:

"7 autoimmune diseases were denied."

Did your claim specifically list the disabilities that you attribute to asbestos?

such as the COPD and sarcoidosis?

There is a VA training letter for asbestos- I posted it here and will try to find it.You need to read it and maybve even use it for your claim-

You have to be Specific in stating the disabilities you claim and the nexus to your service-in each case.

It looks to me that the claim might have been worded too generally-

and you might need an independent medical opinion.

I think this topic should be moved up to claims research-

are you able to scan the last decision you got (cover the personal info)?

[Berta]

BINGO!

http://www.asbestos.com/navy/destroyers/uss-fife-dd-991.php

There is more on the net- USS Fife had asbestos on it-

I will try to get this topic moved up to claims research forum

[jbasser]

1978 what ships were you attached to and what was your Naval rate.

I may be able to assist you.

J

[Berta]

jbasser= I have the VA PIES list- we need to know his MOS too -certain Navy occupations have been classified by VA as possible and probable exposure to asbestos.

There are 3 different issues from 3 separate posters in the thread- hard to keep it straight- thanks for moving this.

His ship USS Fife definitely had asbestos in it-he might have slept under asbestos covered pipes.

Edited October 10, 2009 by Berta