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!

[Pete53]

You are probably going to have to find a Doc who will diagnose your current disorder and link it to your service. The MH may be the eaisest route as VA is more likely to link it to your service if you have anything in your records to link it to. You have to pour over and look for incidents or treatment that is linkable.

Good Luck

I have panic disorder with major depression at 100%. I got it with an Independent Medical Opinion and proof of panic attacks when I served.

[jbasser]

You definatly need to use the PIES list for your rating, I figured you were a Brother HT.

The Floating Dry Dock was laiden with asbestos. The Fife also had it. Did Ships company do the majority or repairs ont he Fife or did the Gompers do it.?

If the decking you replaced was above the engine room, under the tile there was also asbestos. You may be able to contact NEPMU #5 in San Diego as this org is the one who controlled the Asbestos Monitering information for the Naval Station and Sub Base San Diego.

They may have records of the Asbestos removal on board the Fife.

Your Pulmonary symptoms sound like they could either Be asbestos related or Silica related to grinding the decks and Non skid material.

J

[smilen66]

I started this post, but will bow out respectfully. My questions were answered.

[pacmanx1]

smilen66,

What you can do is get a copy of your SMRs, if you have a copy of them (please) read them. Also read CFR 38 part 4 for any diagnosed condition (s) you have in your SMRs. You can get a copy of your civilian records and read them also to see if anything connects. You can also take a copy of your SMRs to your civilian doctor and have him/her review them and give you an exam to see if any of the conditions you had while in service are still aggravating or bothering you. Then file the NOD and IMO.

[samiam1978]

Yes, Smilen66, this one started over CUE. I have gotten my answer about that and much much more. I want to thank you for getting me into a bunch of friends who have told me just like it is, straight forward. That is what I needed and I know also more about the use of the CUE. You see those 50 or so pages were from the Navy by means of my FOIA. They are copies of a study that was done in 1975 about my rate, Hull Maintenance Technician. Each page listed a job and the possible hazardous material exposed to in doing that job. The hazardous materials went from asbestos, benzene, lead, ionized radiation, etc. The Hull Maintenance Technician rate was so wide back then that one day you could be repairing a valve in the firemain and removing asbestos lagging and the next day you could be taking readings for a possible chemical attack in a drill. But the papers that were not used as evidence in my DRO decision could have made a difference. One of the letters is from an officer onboard the dry dock telling how hazardous the work was. The Veteran Affairs may have read it and just decided to place it in with my Notice of Disagreement to get to me. They have really played on my nerves. They have sent me letters telling me of my Agent Orange exposure, which I never had any, to letters telling me about my liver transplant, which I never had done. This has been going on since 2005. Thank you again.

[samiam1978]

You definatly need to use the PIES list for your rating, I figured you were a Brother HT.

The Floating Dry Dock was laiden with asbestos. The Fife also had it. Did Ships company do the majority or repairs ont he Fife or did the Gompers do it.?

If the decking you replaced was above the engine room, under the tile there was also asbestos. You may be able to contact NEPMU #5 in San Diego as this org is the one who controlled the Asbestos Monitering information for the Naval Station and Sub Base San Diego.

They may have records of the Asbestos removal on board the Fife.

Your Pulmonary symptoms sound like they could either Be asbestos related or Silica related to grinding the decks and Non skid material.

J

jbasser: Yes, I was a fellow Hull Technician Second Class. I finished first in my "A" school and was offered a "C" school and E-4 after if I would extend for one year. At that time I was going to make a career of the Navy and did except. I finished first in my "C-1" welding school too. But my father died about 4 years into my career and as the only son I got out to take care of my mother. But my discharge papers tell of what I did on the Fife. I organized and ran three workcenters and was scene leader of forward repair locker (Repair 2), and the Captain gave me credit for the surperb showing at the Nuclear Weapons Handling Training. We have the Asroc's onboard then. Thank you for the information and I will research what you have listed for more evidence of asbestos on the Fife. But the really bad exposures were on the Dry Dock and the Navy does not talk about that. All of that information is still sealed. I have e-mails from a reporter from the small town in Scotland where the dry dock was and when the Navy pulled out they were suppose to clean up the Loch. The British Government spent over 20 millon pounds cleaning it up and he goes on to say that they brought up barrels of yellow liquid that burst open and fissed out, a large Ford car, and the skelton of a sailor from Alabama. There is also high readings of radiation on the shoreline as of today there so you see I can only get a tip of the iceburg that went on out in that Loch working on those submarines. But, I will not give up and will keep going to find the right person to get my disability. I have 10% right now from Tinnitus and going for the whole 100%. Keep in touch, my friend.

Edited October 11, 2009 by jbasser