Dro Letter

[Jim MAC]

Department Of Veterans Affairs

VA Regional Office

210 Franklin RD

Roanoke VA 24011

Attention xxxxxxxxx-In reply to 314/21/

Dear Sir

1,I received a rating decision dated 10 April 2006. Consider this letter to be an official “Notice of Disagreement” (NOD) regarding the following disability. I am requesting a DE NOVO review by a new Decision review officer. I wish that the new Decision review officer use Sec. 4.3 Resolution of reasonable doubt. It is the defined and consistently applied policy of the Department of Veterans Affairs to administer the law under a broad interpretation consistent, however, with the facts shown in every case. When after careful consideration of all procurable and assembled data, a reasonable doubt arises regarding the degree of disability such doubt will be resolved in favor of the claimant.

2, I was turned down for scaring on my lungs due to asbestos exposure. I am requesting

Service connection due to the following facts of record. My primary specialty during active duty was Aerospace propulsion craftsman, jet engines, the dept of Veterans Affairs own memorandum dated May 13, 2002 identifies the likelihood of asbestos exposure for a service member with my specialty as “probably.” One of the reasons I was turned down was that an x-ray given while I was deployed to Saudi Arabia on 1 November 2001 showed my lungs to be essentially normal. The United States Government own website run by the US National Institute of health www.cancer.gov/cancertopics/factsheet/Risk/asbestos#q3 states

REMEMBER THIS IS AN OFFICAL US GOVERMENT WEBSITE

“Although it is known that the risk to workers increases with heavier exposure and longer exposure time, investigators have found asbestos-related diseases in individuals with only brief exposures. Generally, those who develop asbestos-related diseases show no signs of illness for a long time after their first exposure. It can take from 10 to 40 years for symptoms of an asbestos-related condition to appear.” So denying service connection for scaring on the lungs because it was not shown in 2001 is against what our own government states about the 10 to40 year period.

3, The record also shows I was involved in a major fire on a C141B Aircraft at Pope Air Force Base on 29 October 1987. I received the Air Force Commendation for saving the Aircraft and possibly the life’s of the flight crew. On the day I received massive amount of chemicals in my lungs. The Drs Report from Ft Bragg hospital even states that my facial hair was burnt off.

4,The Veterans Administration own training manual states The latent period for asbestos-related diseases varies from 10 to 45 or more years between first exposure and development of disease. Also of significance is that the exposure to asbestos may be brief (as little as a month or two) or indirect (bystander disease). See VA See

Adjudication Procedure Manual, M21-1, Part VI, 7.21(a)(1).

5, Another reason I was turned down was the rating officer stated I was a long term smoker. The Board of Veterans Appeals has stated that smoking alone is not a reason for denial of asbestos exposure diseases. V/R

xxxxxxxxxxxxx

B)

[Pete53]

Jim a really good NOD Shirt and to the point.With plenty of facts to back you up.

Good Luck

[bigvic]

Thats the best NOD I've ever seen. I always go a step further and resubmit the evidence again, make sure you do that so they cant say they lost it. With that many recopies in my file it should be real thick.

[Berta]

I would only suggest to add that you fully intend to continue to appeal any further denials of this claim.

There is a smoker at the BVA who won a asbestos claim-a doctor could not adequately state-with medical rationale- that his smoking -and not his asbestos exposure -was the cause of his lung disease.

He succeeded under Benefit of Doubt.

Edited May 3, 2006 by Berta