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]

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.

Pete53, thank you for the information and help. I know that the one thing I need is one doctor to say, " It was more likely than not", meaning that say the asbestos was more likely than not the cause of my COPD or Sarcoidosis. But to get a doctor to stand up and say that is another thing. Sarcoidosis is still so up in the air of what causes it, and I have it good, that a doctor will not go down as saying that just this or that cause it. My VSO says my best bet is my COPD, I have many listing of upper respiratory infections in my Navy Medical Records and also have many of them from my family doctor since I been out. I did smoke, but was never diagnosed with COPD or Emphysema while I did smoke and quit over ten years ago so I am really working on that aspect right now. Thanks for the information and help.

[smilen66]

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.

You are welcome and good luck! My prayers are with you!

[jbasser]

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.

Have you thought about buddy statements from the Los ALamos?

Here is a link to a site that can help.

http://www.holyloch.com/log/

[samiam1978]

Have you thought about buddy statements from the Los ALamos?

Here is a link to a site that can help.

http://www.holyloch.com/log/

jbasser: Yes, I have been searching for buddies from both the dry dock and the destroyer. I have 3 buddy letters from buddies from the dry dock and then the one from a officer who was in charge of office duties from the dock. I also have one from the Fife. Those were in the 50 pages I turned in for evidence and listed as Notice of Disagreement in the DRO decision. I am working on more until my Appeal comes up. My VSO says it looks like that will be in the Spring 2010. I am ready for a Appeal, I have been working on this claim since 2005 and I want the chance to sit down with a Judge and talk through this whole claim. Thanks for the leads and keep a watch on your e-mails for a update. Take care.

[samiam1978]

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

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

carlie

carlie: I love that quote at the end of your last statement on this forum. I feel the same and I am in there right now. But I will not go down without a fight. There is something MAJOR WRONG when a man has over 7 autoimmune diseases hit him within a 3 year period. He goes from being in his church choir, assisting the local Boy Scout Troop, teaching a Wed. night bible class to young men to on 3 liters of Oxygen 24 hours a day, bi-pap wearer at night, and now a hermit. It has been hell for me and my wife. She had a heart attack right in the middle of this mess and they found it was a small blockage but when I got her there she took the big shot and it broke the blockage apart. The Cardioligist state stress. And of course what was happening was out ouf our hands and into our Lord. So as each illness hit me, we fought back and I am still here today because of my wife. A lot of womean would have left. I am very blessed with 2 great grown sons and a lovely wife. But hard work will always pervale. And I even have a doctor with my records set up in Washington. Thanks again and check back

[samiam1978]

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.

Berta: Thanks for the help and the recent award to a veteran for his exposure to asbestos. Like I have said my statement of case states." even though there is evidence to suggest that the veteran was exposed to asbestos in service" and they all go on to say different reason I should not receive service connection. And not all are from the asbestos, the Narcolepsy is from the lead poison from breathing fumes from strong lead base paints and primers used back then to repaint submarines. Anyways, thank you for this and good luck to you.