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Some Good News For A Change


ammodad

Question

hello friends ,

i just recieved this letter fromthe va about , one part of my claim , the wierd thing is i didnt send in any proof for this part of my claim yet they approved it .

the prat of my claim i sent proof in on they denied , my wife tells me its their way of shuting me up or tossing me a bone , so to speak , the maybe this will make him forget he is dieing from asbestos and this will make him go away . or drop the other .

i am posting a copy of the letter because like so many of the va letters we just dont understand it it tells me that my the affective date for this award is may 9th 2003 up until present . can one of you who is learned in this va way of thinking please tell me what the award will be , from looking at the dates they have in the letter?? post-776-1149471423_thumb.jpg

i have submitted the x-rays and other medical records , which is the info they claimed that my previous attempt was missing finaly got a va doctor to admit that my copd and dyspnea are directly related to me being exposed to asbestos along with the previous medicals records and the letter from my active duty supervisor , the x-rays show calcification in both lungs some 1.5 cm and larger and the x-ray reports abck up this info . after all the trips my wife and i have made to the va regional office .

and hearing the reps say , after looking at my x-rays this time you got them you have every symptom assosiated with this disease and you were diagnosed as having them by the va`s own doctors . you got them ......

if it was this obvious why didnt they see it from the start why put my wife and i through all of this like alot of you we have been fighting them for years , i first opened my claim for lung condition in 1991 and they have denied me every year at every turn knowing i was exposed just waiting for me to be sick to make a claim or dead which ever came first ..

you , my friends have helped us keep going the kind words and knowing we dont stand alone means alot .

i dont know how long i will be able to keep up this fight but , i promise you all i will never give up .

just as i put up the good fight for them when i was active , why would they expect anything less of me now ..

godbless and our prayers go out to you all your never alone

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Guest allanopie

Hello Ammodad,

theres some good folks with sharp minds that will be along to give advice.

If your at the RO level, I would put little faith in anything to be processed correctly. If you have an SO, they should be able to file a NOD and request a local hearing before the VARO. They don't pay travel pay for this, so you will need to pay for the trip to the hearing.

You can organize your information yourself & request a Formal Hearing before the VARO, in writing & send it in, "Returned Reciept Requested". Alow 4 to six weeks for a reply. It's a good prtactice to fax the RO a copy using a WINFAX program, or fax machine. You can use the VA 1-800-827-1000 or a service rep such as the PVA , to get the RO's fax number.

At the hearing, take your wife with you. Make sure you & your wife are sworn in under oath. Once your sworn in, lay out everything in front of the adjudication officer, assigned to the hearing. You, your spouce or witness can provide testimony & submit evidence. Anything submited under oath, must be considered by the VA.

This is the fastist way I know to get it resolved at the RO level. If you've been there, done that, move on to the BVA.

If your able to put it together & present it so that the officer can understand it, the officer has the athority to grant it or reconsider it. This is the best shot you have to discuss the issues granted or not granted, earlier effective date's & anything you have, like copies of signed prior claims, confused issues, new evidence, etc.

There are good rating officers out there, but they sure are scarce these days.

Good luck Vet.

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Good job! Congratulations!

The total I get is $29,916, up to June 1, 2006.

I think you will eventually get the asbestos rating, and this looks like an 80 percent rating, so don't forget to doublecheck the effective date for SMC "s" compensation level if you get the 100 percent rating for asbestosis. And if you need aid and attendance of another person, even for protection from the hazards of your environment (falls, forgetfulness, dizziness, imbalance, etc), then ask your doctor to fill out the examination form for regular aid and attendance. The person giving you aid and attendance can be be your wife, and you don't have to be bedfast. Then the rating would go to the SMC L 1/2 level.

I'm glad it worked out for you. Thank you for your service.

Edited by AtEase
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GREAT News Ammodad!

I dont get what the rating was for--was there more than one sheet wth this?

and how come they did not pay extra for the wife?

Seems to me if you have fought this same claim continuously that the retro might be wrong-

where did they get the date (May 9, 2003)?

I like what you said veteran-

"just as i put up the good fight for them when i was active , why would they expect anything less of me now .."

Yes-good advise for all vets with claims----

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