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!

[JamesBreckenridge]

Judy, you may be a Nehmer class member. What was your husband service connected for, and what were the causes of death and contributed factors on his death certificate, and was he ever on the ground in Vietnam? When did he die, and when did you file your claim?

DIC Nehmer example: Veitnam veteran dies of complications of diabetes (such as arteriosclerotic heart disease) in the mid 90s. Widow applies for DIC, and is denied because the vet isn't service connected for a heart condition. The Nehmer case later comes down and per 38 CFR 3.816, the widow can reopen the claim asking for service connected death based on complications of diabetes due to herbicide exposure. THe effective date would be date of death or date of the first claim, or the first of the month in which he died, depending on how the dates work out. This is one of the few exceptions for granting an effective date prior to a change in law.

You may want to start your own topic here in Claims Research

[Berta]

Here is the VA PIES list= it is dated 2002 so I dont know if any changes have been made.

Asbestos_VA_PIES.pdf

[timetowinarace]

Berta,

You know much more about this stuff than I do so I have a question. If the VA has already confirmed asbestos in this veterans case why reconfirm it? My take was that the nexus was not given between the respiratory illness's and the asbestos exposure by any doctors. In other words, since the exposure is confirmed and the conditions exist in the veteran, all he needs is a nexus statement by a doc. Or am I missing something?

The other exposures need the confirmation of exposure wich I believe the veteran is trying to prove with the mentioned 50 pages but also nexus statements linking those exposures to the medical conditions is missing.

Just my thoughts. There are too many subjects in this one thread though.

[Berta]

You are right- at least you see it the same way I do-with asbestos exposure confirmed-then it would take a medical opinion to link any asbestos -caused disability he has to the inservice exposure.

I had a vet with a beautiful asbestos claim but he died before it was resolved.

He was a non smoker and this was a big factor in his favor as I think the VA seeks a smoking history to deny many COPD or lung disability claims.Still even with smoking history these claims can often succeed.

Another thing on these asbestos claims- I asked the vet I helped for his job history after Navy- (he was in two probable exposure MOS's) and he only held one job for over 2 decades- and there was no way he came in contact with asbestos in this post service job.

http://www.va.gov/vetapp09/files2/0915380.txt a recent award to an asbestos veteran-

I bet there are hundreds and maybe thousands of vets with asbestos related disabilities who should be SCed for them but arent.

[carlie]

Somehow this topic thread has been beat to heck and back.

I commend all that can keep up with it now :)

carlie

[samiam1978]

Again Wow! Thanks for all the information. I will try to clear a few things up. My first command from Aug. 1978 through Jan. 1979 was on the floating dry dock in Holy Loch, Scotland. The USS Los Alamos (AFDB-7) which was only 4 sections of a 7 section floating dry dock built in 1944. My job and rate was Hull Maintenance Technician and that was before the Navy divided it into Hull Maintenance Technician and Damage Controlmen. I cut and welded zinc bars in the aft tanks of SSBN's (boomers), sandblasted, painted with brush and rollers, welding jobs on the dock for repairs, damage control PMS, inport fire party scene leader, and we completly remodeled the head in our compartment from the lagging to the terrozzo flooring. The boomers sat right on top of our living and eating quarters so what was going on outside came inside. I ate a many gritty hamburgers. My next command was the USS Fife (DD-991) I was a Plankowner. That mean when we arrived I did a ton of grinding anti-skid paint to weld down objects such as cabinets, desk, etc. for sea worthy. I even welded in a barbers chair on the starbord wing of the bridge,for the Captain, which required alot of grinding anti-skid paint and aluminum metal. Again my rate also did damage control so we had to outfit all 3 repair lockers with damage control equipment. That mean cutting sheets of asbestos for pipe repair kits and plugs for holes in the hull. Was scene leader of Repair 2 and on my DD-214 was given most credit for all of Fife critical welding jobs and passing the Nuclear Weapon Handling Test. Fife had a sewage treatment plant and there was no school for it we just learned by trial and error. Sometimes error mean raw sewage blowing out of valves onto us. (horrible smell). Lastly was that filter cleaning shop. I do not know who designed it but it was about 6' x 6'room with a large sink where I would spray off all of the ships reuseable filters. The room did have a vent that pulled some of the steam out, but it was many times I could not even see the filter I was cleaning. No protection was offered or used.

All of the autoimmune diseases came on in a matter of the last 3 years. I am now on prednisone 50mg twice a day, Imuran 50 mg twice a day and Plaquenil 200 mg twice a day just for the Sarcoidosis of the lungs. Not to mention medication for COPD, Emphysema, Obsructive/Central sleep apnea, Narcolepsy, Hypothyroidism, Sjogern's Syndrome, Hpyertension, Rheumatoid Arthritis of knees and ankles, Major Depression with anxiety and panic attacks and on oxygen 3 liters 24 hours a day. I did smoke cigarettes for 20 years. Smoked 1 pack a day for 20 years quit in 1998. I am 52 years old. Gosh, and keep the constuctive information coming, I know there are others out there that have been where I am. I have no Presumtives as I was on active duty from 1978-1981. Thank you.