C&p Exam For Pulmonary Fibrosis

[68mustang]

This is along the line of someone's previous post "Does The Va Have A Duty To Order C&p Exam". I had requested copies of a claim and denial for pulmonary fibrosis that I filed in 2000. Before I knew it the VA establish a claim for pulmonary fibrosis. I asked if I would be sent for a C&P for the pulmonary fibrosis. The VA said that if one was needed that then I would have a C&P exam for pulmonary fibrosis. Well the VA denied the pulmonary fibrosis claim based on evidence from the 2000 claim. Anyone have any input on whether the VA can denied a claim

based on evidence more than 10 years old?

68mustang

[cowgirl]

Hello 68mustang, looks like you have something goin here. Just how did you request the copy of the claim ? This is interesting, so I wonder what exactly triggered the comp exam also. Is it possible that you put in for increase or the VA misunderstood your request for copy only.

For now, if the VA has established a claim when you didnt request one, something needs to be done. Seems like the cart is runnin ahead of the horse. Guess I'd ask for my request letter back and for the claim to be stopped.

If you are not ready to go ahead with this claim - did you tell them? in writing? Other than that if you accepted the paperwork and they progressed on - even with no c&p exam, its time for you to get busy.

M21-1MR, Part III, Subpart iv, Chapter 3, Section A lists guidance on exams

Tell us what the denied decision stated, did you submit NOD and if so what was the response? Do you have other current medical diagnosis or IMO for support?

If the VA denied a recent claim based on your 2000 exam, what strong reason would they do that with?

Side note caution - I used to talk a bit to the VA 1800 - found my words could be used to trigger certain actions in my claim. Once I complained about exam, sure enough showed up in the decision. Other time, simple inquiry was forwareded and answered by local VARO per the telephone conversation. That surprised me. IRIS inquiries work better for me.

Let us know more,

Best to ya,

Cg

This is along the line of someone's previous post "Does The Va Have A Duty To Order C&p Exam". I had requested copies of a claim and denial for pulmonary fibrosis that I filed in 2000. Before I knew it the VA establish a claim for pulmonary fibrosis. I asked if I would be sent for a C&P for the pulmonary fibrosis. The VA said that if one was needed that then I would have a C&P exam for pulmonary fibrosis. Well the VA denied the pulmonary fibrosis claim based on evidence from the 2000 claim. Anyone have any input on whether the VA can denied a claim

based on evidence more than 10 years old?

68mustang

Edited March 30, 2010 by cowgirl

[68mustang]

Hello 68mustang, looks like you have something goin here. Just how did you request the copy of the claim ? This is interesting, so I wonder what exactly triggered the comp exam also. Is it possible that you put in for increase or the VA misunderstood your request for copy only.

For now, if the VA has established a claim when you didnt request one, something needs to be done. Seems like the cart is runnin ahead of the horse. Guess I'd ask for my request letter back and for the claim to be stopped.

If you are not ready to go ahead with this claim - did you tell them? in writing? Other than that if you accepted the paperwork and they progressed on - even with no c&p exam, its time for you to get busy.

M21-1MR, Part III, Subpart iv, Chapter 3, Section A lists guidance on exams

Tell us what the denied decision stated, did you submit NOD and if so what was the response? Do you have other current medical diagnosis or IMO for support?

If the VA denied a recent claim based on your 2000 exam, what strong reason would they do that with?

Side note caution - I used to talk a bit to the VA 1800 - found my words could be used to trigger certain actions in my claim. Once I complained about exam, sure enough showed up in the decision. Other time, simple inquiry was forwareded and answered by local VARO per the telephone conversation. That surprised me. IRIS inquiries work better for me.

Let us know more,

Best to ya,

Cg

I requested the copy of the 2000 claim and denial via the 1-800 number. All I did was request the copies and according to the current denial it states the claim for pulmonary fibrosis was reconsidered and the denial was continued. Prior to receiving the denial I had already gone to see a pulmonary specialist who sent me to get a CT-scan. I felt that since the VA had not scheduled me for a C&P exam I decided to go to a pulmonary specialist on my own. The specialist sent me to get a CT-Scan. The CT-scan reading showed that I have mild asbestosis and the pulmonary specialist made a diagnosis of asbestosis. I will now go get a letter from my primary doctor and pulmonary specialist linking the asbestosis to my military jobs. My work history before and after my enlistment were the type of jobs that did not include exposure to asbestos. But we know how the VA operates when you have official records and descriptions of military jobs. The VA knows that WWII type ships were infested with asbestos yet it still denies claims with good documentation.Thanks.

68mustang

[Berta]

"The CT-scan reading showed that I have mild asbestosis and the pulmonary specialist made a diagnosis of asbestosis. I will now go get a letter from my primary doctor and pulmonary specialist linking the asbestosis to my military jobs. My work history before and after my enlistment were the type of jobs that did not include exposure to asbestos."

That was a good idea to get this private CT scan.

Do you have to re-open this claim with this new evidence or are you still within an appeal period?

[68mustang]

"The CT-scan reading showed that I have mild asbestosis and the pulmonary specialist made a diagnosis of asbestosis. I will now go get a letter from my primary doctor and pulmonary specialist linking the asbestosis to my military jobs. My work history before and after my enlistment were the type of jobs that did not include exposure to asbestos."

That was a good idea to get this private CT scan.

Do you have to re-open this claim with this new evidence or are you still within an appeal period?

I just received the denial last week and wonder what the best way is to go on this. Thanks.

68mustang

[Berta]

If your MOS is listed on the VA Navy PIES list as probable exposure or highly probable (forget what the list says- it is here at hadit) then remind them of that , and send them the IMO too, and ask them to reconsider their decision.

A reconsideration request does not stave off the NOD filing period but can render a faster and a proper decision sometims.

Mark your calendar for the NOD time frame if you file this type of request as they might not get to it by the NOD year deadline and would be happy if that allowed the NOD period to expire.

I would think that even without an MOS on the PIES list, you probably slept in a rack below asbestos laden pipes.

Also it would help if you have any article from the ship's web site to show it's commission date.

The IMO doctor should rule out any other possible etiology but for your in service exposure to asbestos.

[68mustang]

If your MOS is listed on the VA Navy PIES list as probable exposure or highly probable (forget what the list says- it is here at hadit) then remind them of that , and send them the IMO too, and ask them to reconsider their decision.

A reconsideration request does not stave off the NOD filing period but can render a faster and a proper decision sometims.

Mark your calendar for the NOD time frame if you file this type of request as they might not get to it by the NOD year deadline and would be happy if that allowed the NOD period to expire.

I would think that even without an MOS on the PIES list, you probably slept in a rack below asbestos laden pipes.

Also it would help if you have any article from the ship's web site to show it's commission date.

The IMO doctor should rule out any other possible etiology but for your in service exposure to asbestos.

Berta thank you for your response. I did provide a copy of the PIES list and highlighted the jobs I did and the probability of asbestos exposure. Plus I sent in copies of my job descriptions and official forms that list the jobs I did. I slept, stood watch, worked in and ate in areas with asbestos. I think after I get everything together I will ask for a reconsideration. If I need help maybe I will get a lawyer who will get paid only if they win the claim.Thank you.

68mustang