Turned Doen By Va For Asbestos Exposure Related Restrictive Lung Disease

[ammodad]

ok guys , its me again .

i was awaiting a response from the va on my claim . i spoke to the va rep just a day ago and he told me they had made a descision on my claim and it was denied . i should recieve the letter explaining why and what to do next . i turned in every record i had and even things i did nt know existed . i even had documentation from my ex supervisor and a written statement along with his sworn testimony. the thing is they know there is scaring in my lungs and to what extent they took the exrays and there own doctor read them during the last exam the sent me to but it seems he couldnt tell to what extent the scaring was to . they scheduled me for a biopsy of by lung but just before deciding my claim cancled sending me a letter saying they had enogh evidence without the exam to decide my claim so the cancled the appointment .

i live in alabama , and with my lung condition there is very little to nothing i am able to do it seems to get worse as time goes on which isnt bothering me to much . i read some where on a post that there is a doctor who can read these exrays and is va approved or something like that the thing is . i believe if i had had the biopsy as sceduled , if not for the va canceling the appointment on me after i agreed to go the biopsy would have proven my claim without any question along with the other records . .is there a doctor in the state of alabama who can and will look at my exrays and report on his findings , my funds are limited do to the fact that the only income i have is the va check i recieve from uncle and if any of you get one you know what i mean . after taking care of expenses there is very little left but i can make payments for these services if there is a doctor in my area or any where close by any info will be greatly appreciated i dont know how long i have left but the time i do have, i will spend it fighting

[Berta]

The VA is looking for clear 'asbestosis' involvement to the lungs as well as inservice exposure-

This vet had an MOS with high probability of exposure yet could not get a medical association to asbestos:

http://www.va.gov/vetapp04/files/0400088.txt the claim was denied, but this vet succeeded:

http://www.va.gov/vetapp02/files02/0209324.txt

You certainly are right to consdier an independent medical opinion-

Many here contact Dr. Bash for IMOs-

http://www.veteransmedadvisor.com/

[EO2DirtDog]

I filed for asbestosis with the VA and received 60 percent on first claim. Two years later, I lost my job of 31 years with the federal gov't and received IU from the VA.

When you had you xray taken by a private doctor (before VA), the doc should have sent your xray for asbestosis to what they call a ""B" reader. This is a TRAINED radiologist who reads only asbestos related xrays. If you didn't have this done, I suggest you get copies of the xrays and have this special radiologist read them and then give his finding on a report. Also, if you haven't, go see a private Lung Pulmonoligist and have him do a workup on you stressing asbestos exposure. I had all this evidence when I had my initial C&P done and handed this to the VA doctor. I also attached this evidence to my initial claim.

Bob

[Berta]

Bob- great point-

" I had all this evidence when I had my initial C&P done and handed this to the VA doctor. I also attached this evidence to my initial claim."

I gave my asbestos vet the VA asbestos info in 38CFR-for his C & P doc-

he has colon cancer which is spreading-with no other known etiology for it but for his exposure to asbestos in the Navy in two separate occupations aboard ship-

I also gave him a print out of a private lawsuit- non -vet but the guy got a very large settlement from an asbestos company- due to his colon cancer determined as caused solely due to asbestos.

I cannot understand why asbestos disability is not presumptive if the vet can prove exposure- and has no other known etiology for an asbestos related disability.

The above vet- I researched his ship-it had so much asbestos and other problems that they dumped it somewhere near Iran.

When the Navy recognized how much asbestos was in those older ships, it was too costly to remove it.

Edited April 23, 2006 by Berta

[Jim MAC]

Bob- great point-

" I had all this evidence when I had my initial C&P done and handed this to the VA doctor. I also attached this evidence to my initial claim."

I gave my asbestos vet the VA asbestos info in 38CFR-for his C & P doc-

he has colon cancer which is spreading-with no other known etiology for it but for his exposure to asbestos in the Navy in two separate occupations aboard ship-

I also gave him a print out of a private lawsuit- non -vet but the guy got a very large settlement from an asbestos company- due to his colon cancer determined as caused solely due to asbestos.

I cannot understand why asbestos disability is not presumptive if the vet can prove exposure- and has no other known etiology for an asbestos related disability.

The above vet- I researched his ship-it had so much asbestos and other problems that they dumped it somewhere near Iran.

When the Navy recognized how much asbestos was in those older ships, it was too costly to remove it.

Berta

Turned down also but my DRO letter will be going in the mail this week

Jim

[EO2DirtDog]

When I received my award letter it stated that exposure to asbestos was granted because of the age of the ship I was on and my job while in the Navy. The VARO granted without any arguments. I file my claims here in Georgia and they have been really good to me.

I also have a private asbestos attorney in California and he is handling suing the few companies that haven't gone into bankruptcy. At last count, he has filed suit against 28 asbestos companies and I have received a few settlements. Not much money but its better than nothing.

I think I won my case against the VA because I had all the reports, documents and xrays from private doctors before filing initially and submitted as evidence.

Hopefully, you can win the case for your vet and I'll be around if I can help you or anyone.

Bob

[Old 5311]

My Asbestos was denied with clear evidence of extensive exposure. This is because the Pulmonary technition Worked very hard to get me a satisfactory PFT. We repeated it untill a satisfactory test was achieved. I have 6 1/2 liter lungs, this contributed to my passing the PFT and getting denied. B) This was at Gainesville FL VAMC. I left there totally EXHAUSTED!

Edited April 25, 2006 by Old 5311