Need Guidence Please

[ejwtlw]

Hello and thanks for letting me be part of this forum as i have questions with no answers

I registered with the va in sept of 09 because of thew cost of co pay for my meds.since then i dont know where i am..

i have severe asthma,emphysema,sleep apnea and have only 15% lung function.

last year i had 3 ct scans and 1 pet scan as being in the hospital 5 times.since that time

my pulmo dr. passed away and i had to find anoher pulmo.

i told the new pulmo i was going to enter the va system and he said that is ok.

entered the va system have a pcp and had agent orange exam

during the exam they found spots on lungs so i had them sent to my pulmo to compare

the reports from my private scans said the spots on lungs are consistant with metastatic lung cancer.

so i filed a comp claim for cancer only and now i just found out from my pulmo that is not cancer.

my question now seems to be ...will the va rate me when they get the reports from private drs

on asthma,emphysema and sleep aptnea or should i just drop this claim and start a new claim for the other diseases.....any help would be appreciated...many thanks ED

[Berta]

This is an odd situation-

Soft tissue sarcomas that cause lung cancer can be attributed to AO if the veteran was exposed to AO-

Fortunately they ruled out cancer in your case.The VA should have all medical info from the private doctor before they could inadvertently possibly SC you for something you dont have and then they will catch that error at some point and you will be asked to pay it all back-

If I were you I would claim all of these disabilities but you also will need to establish an inservice nexus for them.

I know a few COPD vets who are having problems because VA is saying they had smoking history-causing the COPD or they cannot prove they were exposed to toxins in service that caused the COPD.

All of the disabilities you mentioned are consistent with COPD-has the doctor used that specific term yet for them?

Chronic Obstructive Pulmonary Disease.

Did any of these symptoms appear in your SMRs?

[Mr cue]

do u have a rating for any of these condtion or a claim in for any of them.

[vmo]

One says you have cancer, one you don't. You need another opinion and probably more testing. Ask your PCP about a referral for a "broncoscopy" ---which is an lighted flexible tube thru mouth, down windpipe, into the lungs to obtain internal biopsy/examination of the suspected spots. I've had this done with very little discomfort. Secondly, you had a PET Scan, what was the radiologist interpretation of it?? This (PET) is an expensive scan, they are usually pretty accurate. You did the right thing about filing a claim and having Agent Orange exam. A broncoscopy biopsy would be strong medical evidence--both with your claim and identifying that you do or do not have cancer. Also, if you have private insurance or medicare---you may want to take your films/scans, etc., to an private physician for his/her medical opinion.

[LarryJ]

Hello and thanks for letting me be part of this forum as i have questions with no answers

I registered with the va in sept of 09 because of thew cost of co pay for my meds.since then i dont know where i am..

i have severe asthma,emphysema,sleep apnea and have only 15% lung function.

last year i had 3 ct scans and 1 pet scan as being in the hospital 5 times.since that time

my pulmo dr. passed away and i had to find anoher pulmo.

i told the new pulmo i was going to enter the va system and he said that is ok.

entered the va system have a pcp and had agent orange exam

during the exam they found spots on lungs so i had them sent to my pulmo to compare

the reports from my private scans said the spots on lungs are consistant with metastatic lung cancer.

so i filed a comp claim for cancer only and now i just found out from my pulmo that is not cancer.

my question now seems to be ...will the va rate me when they get the reports from private drs

on asthma,emphysema and sleep aptnea or should i just drop this claim and start a new claim for the other diseases.....any help would be appreciated...many thanks ED

File a claim for each. Just get a form 21-4138 and state on there that you are making a formal claim for each of the stated disabilities, and then list them, 1. and 2. and 3. etc.

In the meantime, while you are waiting for your comp. exam, get your private pulmonologist to give you a diagnosis stating that it is at least as likely as not, that your breathing problems originated or were made worse, during your period of military service. Take him copies of your service medical records so he can refer to them, and make sure that his report states that he had available your smr's and that he read them before his report/exam.

[broncovet]

I agree with Larry..file a claim for each.

Months ago I read about a case where the court basically scolded the VARO explaining that when a Veteran files a claim, he is seeking the maximum benefit allowed by law. The RO tries to slice it and dice it up into pieces: a hearing loss claim and a depression claim and an AO claim, etc. etc, but the court suggests simply that the Veteran is seeking benefits, and the RO has a "duty to assist" the Veteran and award him the maximum benefit allowed by law..if that is hearing loss, depression, and NSC pension, then that is what the Veteran is seeking. The VA is supposed to give a liberal interpretation to all the Veteran's filings, including informal claims, and to consider ALL the evidence, awarding the Veteran the maximum benefit allowable by law.

The Va isnt doing that. Not at all.