Got The White Envelope Today -Denied

[retiredat44]

Got the white envelope today -DENIED

will post more later..

[retiredat44]

I am going to post 2 thingsa,, a copy of the letter with redactions of personal info, plus my thought on what they did wrong..

First the copy of the denial.. (note I also have a seperate NOD claim not yet addressed_, more on that later..

=======

c: -------DEPARTMENT

OF VETERANS AFFAIRS

Regional Office

　

(1-800-xxx-xxxx)

8810 Rio San Diego Drive

San Diego CA 92108

　

SEP,l () 2.0\0

In Reply Refer To: xxxxxx/xx

CSS xxx xx xxxx

xxxxxxxxxxxxx

xxxxxxxxxxxxx

xxxxxx

Dear Mr. xxxxxxx:

We made a decision on your claim for service connected compensation received on

October 30,2009.

This letter tells you what we decided. It includes a copy of our rating decision that gives the

evidence used and reasons for our decision. We have also included information about what to do

if you disagree with our decision, and who to contact if you have questions or need assistance.

What We Decided

.'

We determined that the following conditions were not related to your military service, so

service connection remains denied:

Medical Description

tremors

gastritis) to chemical

rashes secondary

secondarysecondary to JP-4 jet fuel

Chronic pancreatitis (previously claimed as

　

Allergies,intestinalJP-4 jet fuelDistal polyneuropathydisorder, irritable bowel syndrome,bilateral hands swell, and skinand benign essentialexposure to

Your monthly compensation payment of$845.00 will continue unchanged.

We have enclosed a copy of your Rating Decision for your review. It provides a detailed

explanation of our .decision, the evidence considered, and the reasons for our decision. Your

Rating Decision and this letter constitute our decision based on your claim received on

October 30,2009. It represents all claims we understood to be specifically made, implied, or

inferred in that claim.

1I11111111III11111111111111111I11III11111I1111111111111I111II111111111111111111111111

　

　

c: -------DEPARTMENT

OF VETERANS AFFAIRS

Regional Office

　

(1-800-xxx-xxxx)

8810 Rio San Diego Drive

San Diego CA 92108

　

SEP,l () 2.0\0

In Reply Refer To: xxxxxxx/xx

CSS xxx xx xxxx

xxxxxxxxxxxxxxx

xxxxxxxxxxxxxxxxxx

xxxxxxxxxxxxxxxxxxxx

Dear Mr. xxxxxxx:

We made a decision on your claim for service connected compensation received on

October 30,2009.

This letter tells you what we decided. It includes a copy of our rating decision that gives the

evidence used and reasons for our decision. We have also included information about what to do

if you disagree with our decision, and who to contact if you have questions or need assistance.

What We Decided

.'

We determined that the following conditions were not related to your military service, so

service connection remains denied:

Medical Description

tremors

gastritis) to chemical

rashes secondary

secondarysecondary to JP-4 jet fuel

Chronic pancreatitis (previously claimed as

　

Allergies,intestinalJP-4 jet fuelDistal polyneuropathydisorder, irritable bowel syndrome,bilateral hands swell, and skinand benign essentialexposure to

Your monthly compensation payment of$845.00 will continue unchanged.

We have enclosed a copy of your Rating Decision for your review. It provides a detailed

explanation of our .decision, the evidence considered, and the reasons for our decision. Your

Rating Decision and this letter constitute our decision based on your claim received on

October 30,2009. It represents all claims we understood to be specifically made, implied, or

inferred in that claim.

1I11111111III11111111111111111I11III11111I1111111111111I111II111111111111111111111111

　

　

2

CSS xxx xx xxxx

xxxxxxx, xxxxxxxxxxx

What You Should Do If You Disagree With Our Decision

If you do not agree with our decision, you should write and tell us why. You have one year

from the date of this letter to appeal the decision. The enclosed VA Form 4107, "Your Rights

to Appeal Our Decision," explains your right to appeal.

If You Have Questions or Need Assistance

If you have any questions, you may contact us by telephone, e-mail, or letter.

Here is what to do.

If you Call us at 1-800-xxx-xxxx. Send electronic If you use a at Please

Put your full name and VA file number on the letter.

Telephone Telecommunicationshttps://iris.va.gov. to the address at the top of this

inquiries through the Internet

Write

number is 1-800-829-4833.

Use the Internet letter.

send all correspondence Device for the Deaf (TDD), the

In all cases, be sure to refer to your VA file number xxx xx xxxx.

If you are looking for general information about benefits and eligibility, you should visit our

website at https://www.va.gov. or search the Frequently Asked Questions (FAQs) at

https://iris.va.gov.

We sent a copy of this letter to your representative, American Legion, whom you can also

contact if you have questions or need assistance.

Sincerely yours,

P.~

xxxxxxx

Veterans Service Center Manager

Email usat:https:/liris.va.gov/

Enclo~ure(s):

Rating Decision

VA Form 4107

cc: American Legion

215/xxxx/9-10-10

　

　

DEPARTMENT OF VETERANS AFFAIRS

San Diego Regional Office

8810 Rio San Diego Drive

San Diego, CA 92108

　

xxxxxxxxxxxxxxxxxx

　

VA File Number

xxx xx xxxx

　

Represented by:

AMERICAN LEGION

　

Rating Decision

September 8, 2010

　

INTRODUCTION

　

The records reflect that you are a veteran of the Peacetime. You served in the Air Force

from xxxxxxxx to xxxxxxxxxx. We received a request to reopen a previous

claim on October 30, 2009. Based on a review of the evidence listed below, we have

made the following decisions on your claim.

DECISION

1 . The previous denial of service connection for chronic pancreatitis (previously claimed

as intestinal disorder, irritable bowel syndrome, gastritis) secondary to chemical exposure

to lP-4 jet fuel is confirmed and continued.

2 . The previous denial of service connection for distal polyneuropathy and benign

essential tremors is confirmed and continued.

3 . The previous denial of service connection for allergies, bilateral hands swell, and skin

rashes secondary to lP-4 jet fuel is confirmed and continued.

　

xxxxxxxxxxxxxxx

xxx xx xxxx

Page 2

EVIDENCE

VA Form 21-4138 "Statement In Support Of Claim" received October 30, 2009 and

November 5, 2009.

VA "Duty to Assist" (VCAA) letter dated February 18,2010.

VCAA Notice Response received February 24,2010.

Rating Decision dated July 30, 1999 and evidence enclosed.

Service Treatment Records, (STRs) from 1979 through 1982

(partial copies).

OCCMED study from xxxxxxxxxxxx M.D. with a history of medical

retreatment dated September 2, 2009.

VA examination dated July 14 and 23, 2010, VA Medical Center (VAMC); San

Diego.

REASONS FOR DECISION

1. Service connection for chronic pancreatitis (previouslv claimed as intestinal

disorder. irritable bowel syndrome. 2astritis) secondary to chemical exposure to JP4

iet fuel.

Service connection was denied for chronic pancreatitis. (previously claimed as intestinal

disorder, irritable bowel syndrome, gastritis) secondary to chemical exposure to JP-4 jet

fuel in the Rating Decision dated July 30, 1999 because service treatment records show a

couple episodes of acute viral gastroenteritis. These records do not show a diagnosis of

chronic pancreatitis. Also, private treatment records showed complaints of an intestinal

disorder in 1993, 10 years after active duty service. This decision became final on

August 13,2000 because you did not file a timely appeal.

In order to reopen a claim,. new and material evidence must be presented: New evidence

means existing evidence not previously submitted to agency decisionmakers and can be

neither cumulative nor redundant of the evidence of record. Material evidence means

existing evidence that, by itself or when considered with previous evidence of record,

relates to an unestablished fact necessary to substantiate the claim. Additionally, this

evidence must raise a reasonable possibility of substantiating the claim.

We have received new and material evidence in the form ofOCCMED study from Maria

Nellie Betancourt M.D. with a history of medical retreatment dated September 2,2009.

Therefore, your claim is considered reopened.

The VA examination shows a diagnosis of status post necrotizing pancreatitis secondary

to endoscopic retrograde cholangiopancreatography with residual chronic pancreatitis.

After review of your service treatment records and claims file, the examiner provided the

opinion that there were no human studies, which have connected chronic pancreatitis

　

　

xxxxxxxxxxxx

xxx xx xxxx

Page3 .

with exposure to toxic fuels such as JP-4. The animal studies cannot be extrapolated to

your chronic pancreatitis condition. Your condition followed your bile peritonitis and

ERCP procedure in 2008. Your 1990s Kaiser and VAMC treatment records never

diagnosed chronic pancreatitis. The diagnosis of irritable bowel syndrome because of

lack of other diagnosis began in the early 1990s or 9 years after discharge from service.

There were no medical records between the time you were discharged and the 1990s.

The examiner stated that it would be mere speculation to attribute your chronic

pancreatitis due to exposure to aviation fuel (JP-4). Therefore, the previous denial of

chronic pancreatitis (previously claimed as intestinal disorder, irritable bowel syndrome,

gastritis) is confirmed and continued because the evidence continues to show this

condition was not incurred in or aggravated by military service.

2. Service connection for distal polyneuropathy and benign essential tremors.

Service connection was denied for distal polyneuropathy and benign essential tremors

secondary to chemical exposure to JP-4 jet fuel in the Rating Decision dated July 30,

1999 because service treatment records noted tremors of hands in two occasion during

service, however, neurological treatment report of January 1999 showed no evidence of

any neurological disorder. This decision became final on August 13,2000 because you

did not file atimely appeal.

In order to reopen a claim~ new and material evidencemust be presented. New evidence

means existing evidence not previously submitted to agency decisionmakers and can be

neither cumulative nor redundant of the evidence of record. Material evidence means

existing evidence that, by itself or when considered with previous evidence of record,

relates to an unestablished fact necessary to substantiate the claim. Additionally, this

evidence must raise a reasonable possibility of substantiating the claim.

We have received new and material evidence in the form ofOCCMED study from Maria

Nellie Betancourt M.D. with a history of medical retreatment dated September 2,2009.

Therefore, your claim is considered reopened.

The VA examination shows no clinical evidence of a distal polyneuropathy 'either by

history or on clinical neurologic examination and benign essential tremor, familial, by

history, pre-dating entrance on active military duty. After review of your service

treatment records and claims file, the examiner provided the opinion that your tremor

represents a benign familial tremor, and was unrelated or result of exposure to aviation

fuel. There was no evidence of distal polyneuropathy; and, therefore, there would be no

evidence of exposure to aviation fuel causing or resulting in such a polyneuropathy.

Therefore, the previous denial of distal polyneuropathy and benign essential tremors is

confirmed and continued because the evidence continues to show this condition was not

incurred in or aggravated by military service.

　

　

xxxxxxxxxxxxxx

xxx xx xxxx

Page 4

3. Service connection for allergies, bilateral hands swell, and skin rashes secondary

to JP-4 iet fuel.

Service connection was denied for allergies, hands swell, and skin rash secondary to

chemical exposure to JP-4 jet fuel in the Rating Decision dated July 30, 1999 because the

condition was acute and transitory. Service treatment records show complaints on

dermatitis while you were working with fuel and chemicals, however, this condition did

not continue after the exposure stopped and in 1998 the VA examination showed no

residuals. This decision became final on August 13,2000 because you did not file a

timely appeal.

In order to reopen a claim, new and material evidence must be presented. New evidence

means existing evidence not previously submitted to agency decisionmakers and can be

neither cumulative nor redundant of the evidence of record. Material evidence means

existing evidence that, by itself or when considered with previous evidence of record,

relates to an unestablished fact necessary to substantiate the claim. Additionally, this

evidence must raise a reasonable possibility of substantiating the claim.

We have received new and material evidence in the form ofOCCMED study from Maria

Nellie Betancourt M.D. with a history of medical retreatment dated September 2, 2009.

Therefore, your claim is considered reopened.

The VA examination shows a history of contact dermatitis secondary to exposure to het

fuels and recurrent on exposure to chemicals used in the printing process but without

recurrence. After review of your service treatment records and claim file, the examiner

provided the opinion that you're your allergies, hands swell, and skin rash occurred while

in service and were secondary to exposure to fuel, but there was no current skin condition

that is secondary to that exposure. Therefore, the previous denial of allergies, hands

swell, and skin rash is confirmed and continued because the evidence continues to show

this condition was not incurred in or aggravated by military service.

REFERENCES:

Title 38 of the Code of Federal Regulations, Pensions, Bonuses and Veterans' Relief

contains the regulations of the Department of Veterans Affairs which govern entitlement

to all veteran benefits. For additional information regarding applicable laws and

regulations, please consult your local library, or visit us at our web site, www.va.gov.

-.,

　

　

xxxxxxxxxxxxx

~ Department of Veterans Affairs YOUR RIGHTS TO·APPEAL OUR DECISION

After careful and compassionate consid.eration, a decision has been reached on your claim. Ifwe were not able

to grant some or all ofthe VA benefits you asked for, this form will explain what you can do if you disagree

with our decision. If you do not agree with our decision, you may:

appeal to the Board of Veterans' Appeals (the Board) by telling us you disagree with our decision

give us evidence we do not already have that may lead us to change our decision

This form will tell you how to appeal to the Board and how to send us more evidence. You can do either one

or both ofthese things.

Edited September 15, 2010 by retiredat44

[retiredat44]

Where I feel they got totally wrong:

I was sicked and treated for treatment to not only Jet Fuel, but also Gasoline, Deisel, and ** Trichlorethylene** (from my second USAF job in 'Reprographics -offest printing presses) the second job I was forced to do after a doctor waived me away from petro chemicals..).. which does have a known record of cancer causing.. and which caused me illness and my removal from contact with the chemicals again. even though the first time was supposedly permanent... which all of these were left out of the denial decisions..

also I am going to pursue my Dystrophy diagnosis as MS, as my symptoms continue to show that disease is more consistant..

also, I actually sought diagnosis and treatment of intestinal disease around 1990, not 1983 as they stated, 1993 was when I had an operation to remove my gall bladder which did not cure my disease..

I am going back to my VSO and go over what needs to be done next..

[carlie]

retired,

I am sorry to read of this disappointment.

Bring up all issues to your VSO and I hope they are helpful.

[retiredat44]

Last time I talked to my VSO he said even if we have to go the media to expose what what the damage and illness the chemicals did to me..

Well..

I have proof and am ready to blow this up into a huge stink, if the VA wants to play dirty I am ready.

I was a fuels specialist and working with huge quatities of Jet Fuel (JP-4, diesel, and leaded gasoline. I was often soaked in fuel.

I had several times, been hopitalized with illness in the USAF. Intestinal pain and fevers. I had teeth removed. I was hospitalized for pneumonia, I was examined and treated for tremors, and also hypertension. I was then treated for chemical sickness from petroleum products and after many, many tests I was given a waiver to not work with petroleum chemicals.

I have proof, when I get very sick screaming in pain, with severe headaches that were intolerable for days. I was screaming and crying in agony for days, and days. I had swollen limbs. My blood pressure was also in hypertension. I blood running down my arms which had the skin breaking open with the blood and liquid oozing. I always had tremors and shaking. Then the doctors at the military base give the command orders to remove me from my job and contact with the petroleam chemicals..

they then present me with a list of jobs.. i ran down the list with the base personal office.. I tried to choose several jobs and was told they were only avaialbe to minorities and that I did not qulaify because I am a white male.

They then offered/gave me a job int he communications squaron for a wheather station running a teletype machine... I even got an award for doing a perfect job..

A short few weeks later I got orders that I hadf been assigned a new job int he communications sqaudron, they never gave me a reason why they were changing my job.

I reported to the new job in Repro-Graphics. After a few weeks they had me cleaning the offset printing presses with Trichlorethylene. My arms ahd hands swelled up almost immediately witin a couple days they had swollen again.. and the pain started all over again... I could only do crap jobs because I was sick and reported to the base doctors that I was sick again. So, I did vounteer work and menial jobs moving boxes and odd jobs.

My five years (USAF) had come to an end and so I left because I had no job.. I was an E-4. I had a good record and many ribbons.

Now come my claim for an increase in my rating and they do not even look at all my records and evidence and just deny me.

I have spent the good part of twenty years sick in bed. I have to many problems to list.

I have blood pressue health problems, intestinal disease, pancreas disease, thrombosis, degeneratave disk disease, Tremors shaking, problems with weight. I l ost al my muscles a couple years ago while in the hostpital fighting for my life for six months with necratizing pancreatitis. I was in a wheel chair for one year.

20 years ago I lost the ability to hold a job because I was to sick. I had health insurance (Kaiser) but after one operation on my back, I was still sick from intestinal disease. The doctor could not find my problem with a few years of tests. They removed my gal bladder (1993), but I continued to get sick. I forced myself to try to work even though I had lost my home because I could not continue working, being so sick. By 1995 I collapsed and fought with social security for SSDI and went through appeals after being denied.

In this claim they overlooekd the the leaded gasoline, diesel, and the Trichlorethylene. They said there was no proof that jet fuel makes people sick. Or has long term health effects. They said there were no human tests. Why didn't they evne look at al the other chemcicals that I had constant skin and vapor contact with.

I am not going to get this going, and raise a stink...

Maybe some news organizations wlil pick this up..

I just don't hope I die first.. as my disease, necratizing pancreatitis and the cysts lining my pancreas and surround liver issues, usually cause multi -organ failure..

Edited September 15, 2010 by retiredat44

[Berta]

If the endoscopic procedure was done by the VA-

what advise did your rep give you on filing a Section 1151 claim?

Your SOC states:

"The VA examination shows a diagnosis of status post necrotizing pancreatitis secondary

to endoscopic retrograde cholangiopancreatography with residual chronic pancreatitis."

The BVA stated this regarding what appears to be a similiar situation:

THE ISSUE

Entitlement to compensation under 38 U.S.C.A. § 1151 (West

1991 & Supp. 1999) for pancreatitis as a result of VA

treatment performed in October and November 1996.

FINDINGS OF FACT

1. The veteran filed his claim for compensation benefits for

pancreatitis in July 1997.

2. An endoscopic retrograde cholangiopancreatography was

performed at a VA medical facility in October 1996.

3. The endoscopic retrograde cholangiopancreatography

performed at the VA medical in October 1996 resulted in

additional disability diagnosed as endoscopic retrograde

cholangiopancreatography pancreatitis.

CONCLUSION OF LAW

The criteria for entitlement to compensation benefits

pursuant to 38 U.S.C. § 1151 for pancreatitis as a result of

treatment rendered at a VA medical facility in October 1996

have been met. 38 U.S.C.A. § 1151 (West 1991 & Supp. 2000);

38 C.F.R. § 3.358 (2000).

Are you receiving Section 1151 compensation? or did your vet rep miss this?

[john999]

Take this decision to your private doctor to rebutt each point the VA used to deny your claim. This would be new evidence. This is how you win these claims that are all based on the medical evidence. Don't ship it off to the BVA without gettting new medical evidence. Every time I got denied I went right back to my doctor and had him review the denial "reasons and basis" and rebutt it. I would ask for a personal hearing after I get the new evidence.