Received Negative Decision, Filed An Nod, Question

[retiredat44]

Received a negative decision, filed an NOD. My VSO (Veteran service officer), told me that I could not files any statements with the NOD (he typed it up), only the NOD. MY question that I want to ask is why did they only rule on one out of 4 chemicals I got sick from and are clearly in my claim and IMO. They totally left out three chemicals I got sick from on active duty. he said I have to wait until they send the forms asking if I have more information to add to my claim. That may take 6 weeks.

I know I alreayd posted this in my claims denied thread, but I am not sure if I am going ot get any responses buried in that thread.

So, I guess we cannot get any questions answer on any aspects of the denied claim until there is a hearing?

I believe the people who did the claim purposely left out the information, or they lost part of my claim, or??

This is very serious, as if they just don't pay atttention and wite anything they want, how can they get away with that?

The VSO seems to think I need to bring in new proof, yet I say they purposely ignored proof.. so if they never used it, isn't it new, it should be re-applied and it can easily be shown the core of the case was fraudulently and not investigated. Just ignored.

To remind everyone , I worked and got sick from:

Jet Fuel,

Deisel,

Leaded gasoline,

Trichloroethylene

They only denied the whole claim on Jet Fuel, with no mention of the rest of the chemicals in the DENIED.

That was a huge ommitance. I want the Response in my hearing request to show the other chemicals were completely un addressed. Also, how and why were they left out? on purpose, stupidity?

Please, any ideas?

There is no question of whether or not I had contact, or questons of if I got sick..

the questions are health effects. Everything else was agreed when my records are reviewed showg illness contact, and my 50% current rating.

Thanx..

Edited September 20, 2010 by retiredat44

[carlie]

Received a negative decision, filed an NOD. My VSO (Veteran service officer), told me that I could not files any statements with the NOD (he typed it up), only the NOD. MY question that I want to ask is why did they only rule on one out of 4 chemicals I got sick from and are clearly in my claim and IMO. They totally left out three chemicals I got sick from on active duty. he said I have to wait until they send the forms asking if I have more information to add to my claim. That may take 6 weeks.

retired,

Your VSO told you wrong - of course you can submit statements and evidence with a NOD.

I would have listed the evidence in the NOD as an enclosure and attached it all together.

In the NOD I would have also requested a Hearing before a Decision Review Officer (DRO).

I would sure like to see and read your the Evidence and Reasons and Bases Sections

of the Rating Decision you are talking about - with your personal information like

name, SSA #, address, etc ... redacted.

[retiredat44]

retired,

Your VSO told you wrong - of course you can submit statements and evidence with a NOD.

I would have listed the evidence in the NOD as an enclosure and attached it all together.

In the NOD I would have also requested a Hearing before a Decision Review Officer (DRO).

I would sure like to see and read your the Evidence and Reasons and Bases Sections

of the Rating Decision you are talking about - with your personal information like

name, SSA #, address, etc ... redacted.

I posted the 'Decison' in the Denied thread a few days ago..

[LarryJ]

I posted the 'Decison' in the Denied thread a few days ago..

That's good. Now how about posting the "evidence used" to reach that decision.

You know, some of us are busy, and when we tell you what we need to see to try and help you, don't send us off on a "treasure hunt", just post what we need. Okay?

And, before anyone gets all whacked outta shape about "my attitude" let me assure you that I do really want to help, but, the lack of motivation on someone else's part does not NOT constitute a desire for self-flagellation on mine.

[Philip Rogers]

You go LarryJ, I love it when you tell it like it is and send me to my dictionary . . . "self-flagwhatever" Too bad we don't have more VSO's like you!!!

pr

That's good. Now how about posting the "evidence used" to reach that decision.

You know, some of us are busy, and when we tell you what we need to see to try and help you, don't send us off on a "treasure hunt", just post what we need. Okay?

And, before anyone gets all whacked outta shape about "my attitude" let me assure you that I do really want to help, but, the lack of motivation on someone else's part does not NOT constitute a desire for self-flagellation on mine.

[retiredat44]

retired,

Your VSO told you wrong - of course you can submit statements and evidence with a NOD.

I would have listed the evidence in the NOD as an enclosure and attached it all together.

In the NOD I would have also requested a Hearing before a Decision Review Officer (DRO).

I would sure like to see and read your the Evidence and Reasons and Bases Sections

of the Rating Decision you are talking about - with your personal information like

name, SSA #, address, etc ... redacted.

I am going to see the VSO office this morning to go over my case.. I called and said since my orignal VSO is no longer on my case they need to know my case very well... so I am going to bring them up to date on everything.. I am worried they have no clue... so, this morning I wil find out if they know wtf is going on.. and what they are doing..

[retiredat44]

That's good. Now how about posting the "evidence used" to reach that decision.

You know, some of us are busy, and when we tell you what we need to see to try and help you, don't send us off on a "treasure hunt", just post what we need. Okay?

And, before anyone gets all whacked outta shape about "my attitude" let me assure you that I do really want to help, but, the lack of motivation on someone else's part does not NOT constitute a desire for self-flagellation on mine.

Here is is again, copied from the thread I posted it in.. (not sure what you are looking for, I am getting ready to go, so I hope this is what you would like to see:

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.