ptsd Va Decision Letter

[68mustang]

I got my decisions on my VA claims. Depression 10%, not otherwise associated with bilateral hearing loss. Bilateral hearing loss 0%

(not bad enough to warrant compensation). Denied Meniere's disease and lung fibrosis as not related to military service. Denied PTSD because the examiner stated that I did not meet the criteria for a diagnosis for PTSD. ED deferred because more information is needed from VA C&P examination.

So now I have 10% tinnitus and 10% depression. I am trying to make arrangements to see my C-file in Houston because evidence I provided was not listed as having been used to make the decisions.

Plus on the lung fibrosis claim the evidence I provided were not listed, which were a copy of a recent CT-scan identifying mild asbestosis, a complete listing of occupations before and after military enlistment, an official Navy listing that I worked as an Engine man and Boiler Technician in my military occupations, and a copy of the PIES listing found on Hadit that listed the both Navy occupations as highly probable to lead to asbestos exposure. Needless to say I am disappointed, but I am glad that was not totally denied. Now it is on to the next step. What would you all recommend as to what I should do next besides seeing my file, please provide input? Thanks.

68mustang

[68mustang]

Thank you all for your responses and input.

John thank you for the offer. The ship was the USS Keppler DD765 (1967-1968) out of Newport, R.I.

Berta looks like they service connected the lowest rated disability since only one MH condition can be rated. I was not given a C&P exam for the current pulmonary lung fibrosis claim, but VA used info from a 2002 claim for pulmonary fibrosis and a VA C&P exam for that claim were used to deny this pulmonary fibrosis claim. I sent them a report of a recent CT-scan that noted a diagnosis of mild asbestosis, a copy of the PIES listing that was posted here that list my military jobs of Boiler Technician and Engineman as being highly probable for asbestos exposure. I also sent them a listing of my job history before and after my enlistment, as well as letter from my wife confirming my job history. The Va reason for denying the pulmonary fibrosis claim was as stated by them "The previous denial of service connection for residuals of asbestos exposure to include lung fibrosis is confirmed and continued because evidence continues to show this condition was not incurred in or aggravated by military service".

I am sure this has been addressed before, but here it goes. I am dealing with the Houston Regional office, can I request that they send a copy of my complete C-file or would I be limited to only being able to get copies of only certain items?

Sorry for the long post, but I need your help. Thanks for your offers of help and together I hope to prevail on my other claims.

68mustang

Bump see if anyone else has any input.

[Papa]

Bump see if anyone else has any input.

68

What part of town do you live in? I live in the Woodlawn Lake area.

Papa

[Papa]

68,

here is a great web-site: www.keppler.org

Papa

[Berta]

If they failed to consider the CT scan and the additional evidence you had sent them- I feel you should submit it and ask for a reconsideration. This will not stave off the one year filing period for the NOD however.

The USS Keppler was comissioned in 1947 and there is no doubt that it contained asbestos.

I worked on an asbestos claim many years ago and realized that the VA would try to find any other etiology they could rule out asbestos exposure in service for many asbestos related claims.

You need to state that no post service occupation put you near asbestos and probably the best thing you could do is obtain an independent medical opinion.

In your case was the mild asbestosis directly linked to the pulmonary fibrosis?

That might sound like a dumb question-but we are dealing with people at VA who need everything spelled out clearly.

[Philip Rogers]

You may want to contact one of the Mesothelioma/Asbestos attorneys about filing asbestos related lawsuits. There's are many defendant companies out there, with much to be won and they shouldn't affect/effect your VA claim. jmo

pr

I got my decisions on my VA claims. Depression 10%, not otherwise associated with bilateral hearing loss. Bilateral hearing loss 0%

(not bad enough to warrant compensation). Denied Meniere's disease and lung fibrosis as not related to military service. Denied PTSD because the examiner stated that I did not meet the criteria for a diagnosis for PTSD. ED deferred because more information is needed from VA C&P examination.

So now I have 10% tinnitus and 10% depression. I am trying to make arrangements to see my C-file in Houston because evidence I provided was not listed as having been used to make the decisions.

Plus on the lung fibrosis claim the evidence I provided were not listed, which were a copy of a recent CT-scan identifying mild asbestosis, a complete listing of occupations before and after military enlistment, an official Navy listing that I worked as an Engine man and Boiler Technician in my military occupations, and a copy of the PIES listing found on Hadit that listed the both Navy occupations as highly probable to lead to asbestos exposure. Needless to say I am disappointed, but I am glad that was not totally denied. Now it is on to the next step. What would you all recommend as to what I should do next besides seeing my file, please provide input? Thanks.

68mustang

[68mustang]

You may want to contact one of the Mesothelioma/Asbestos attorneys about filing asbestos related lawsuits. There's are many defendant companies out there, with much to be won and they shouldn't affect/effect your VA claim. jmo

pr

Thank you PR and Berta for responding. Awhile back I contacted a law firm and I was sent for x-rays. After the results the law firm stated

that my condition was not of the degree that they represented. The impression I got was they were interested in people with mesothelioma and not in the type of condition I had. I also put in my name for a class action lawsuit and it is still pending.

I am in the process of obtaining a letter from the pulmonary specialist that I saw for my condition.

Berta what do you mean if my asbestosis was linked to the pulmonary fibrosis? I thought that they were one in the same. After providing all the info on my civilian jobs, which none exposed me to asbestos, and military jobs that did expose me asbestos the VA denies my claim. The VA states that my claim was being denied because there was nothing in my records to prove that I was exposed to asbestos while in the military. It does not make sense because the VA in its own web site has information that older Navy ships were built with asbestos insulation (http://www.publichealth.va.gov/exposures/occupational_environmental/asbestos.asp#how). The web site states if I am concerned about health problems associated with exposure to asbestos during my military service, to contact the Environmental Health Coordinator at my nearest VA medical facility. I am going to contact the office that is listed on the web site.

We worked,lived,slept,and ate in areas infested with asbestos 24/7 while on board ship. The VA knows that the asbestos issue is hot yet makes veterans jump through hoop after hoop. Thanks.

68mustang

Edited March 27, 2010 by 68mustang