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  • 14 Questions about VA Disability Compensation Benefits Claims

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    When a Veteran starts considering whether or not to file a VA Disability Claim, there are a lot of questions that he or she tends to ask. Over the last 10 years, the following are the 14 most common basic questions I am asked about ...
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  • Most Common VA Disabilities Claimed for Compensation:   

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  • Can a 100 percent Disabled Veteran Work and Earn an Income?

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    You’ve just been rated 100% disabled by the Veterans Affairs. After the excitement of finally having the rating you deserve wears off, you start asking questions. One of the first questions that you might ask is this: It’s a legitimate question – rare is the Veteran that finds themselves sitting on the couch eating bon-bons … Continue reading

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retiredat44

Dro Coming Up

Question

With my DRO coming up, I have some questions.

First of all the DRO wil give a chance to show that in the process, up until now, most of my evidence was ignored. And, further that my NOD did not spell out all the duties of my job, and all my inuries, and that the process failed to see that whoever looked at my file and denied me, failed to see all the evidence, whether ignored or bungled.

In the DRO request I pointed out that they only looked at the Jet Fuel (JP-4), not the Leaded Gasoline, Diesel fuel, and Trichloroethylene al were totally ignored. So, they are all now listed in my DRO review and hearing request.

I have to ask them why I am already rated at 50% for illness from Jet Fuel, yet they say there is no evidence of illness from jet fuel?? wtf, what kind of contradiction ids that? Jet Fuel contains the same Benzine which is in gasoline.

I though that the people who do the reviews and ratings were suppose to know the job descriptions of the veteran's claims? Apparently the people who do the claims process have no clue, or they do not even bother into looking into the claimant's jobs and job descriptions.

if they had read the job desciptions they would have clearly saw all the chemicals I worked with.

So, now I have to spell out every part of my jobs I held.

My IMO clearly stated al the chemicals I worked with in the 2 jobs I held in the USAF. I also spelled out that after I held one job, got sick and was moved to another job which was cleary against the doctor's orders, not to work with petroleum chemicals.

I have to explain that the claims process ignored al the chemaicla.s

I suppose I have to try to not get angry with the DRO people and tell them the the claims process people bungled their jobs.. They totally ignored evidence! But, I suppose I cannot/should not chasitise them for being stupid.

While I have solid proof and evidence, I have more questions.

Do I need to get more evidence?

such as:

Do I need to get studies and VA hearing decisions and print them out shwoing the chemicals are carcinigens and cancer causing chemicals?

Studies off the Internet and websites showing prior studies and cases regarding toxic chemicals?

Clearly, they have access to the same information I have and can get/ or do I have to lead them like they are stupid and show them everything i can find about illnesses caused by Gasoline and toxic chemicals? How about diseases like cancer and liver and pancreas diseases caused by petroleum chemials?

Do I need to start printing out all these studies? Do I stack them on the table at the DRO hearing?

It appears that having too much evidence is better than too little! But, I just don't understand why they ignore evidence?

What am I missing?

Edited by retiredat44

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You have to take them by the hand and show them everything and every connection. Unless the disability is presumptive you have to prove it via the medical evidence and your SMR's. You are supposed to get the benefit of doubt but only in a case of a very close call. When it comes to chemical exposures what I have seen is that the burden is on you.

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You have to take them by the hand and show them everything and every connection. Unless the disability is presumptive you have to prove it via the medical evidence and your SMR's. You are supposed to get the benefit of doubt but only in a case of a very close call. When it comes to chemical exposures what I have seen is that the burden is on you.

Jobs:

1-Fuels Specialist: (all fuels, Jet Fuel, Leaded Gasoline, Diesel Fuel).

2-Repro-Graphics Specialist: used the chemicals such as inks and thrichloroethylene (to clean the equipment (rollers and presses..)).

No where, anywhere, does it say my job description is only Jet Fuel. Plus my claims and IMO say that all the chemcials listed were the chemicals I used on the job, yet JP-4 (Jet Fuel) was the only chemical addressed in their decision. For the life of me, where did the idiot morons get the idea that I only worked with Jet Fuel. I had daily contact and my skin and clothing were soaked daily with all these chemicals. They are all carcinigens, and cause diseases with skin, liver, pancreas, and more.. why didn't they address the issue with all of them? Why did they ignore all but jet fuel? That is my big question to the morons..

Why does it take several years to ask why they ignored evidence? What kind of possible answer could these fools have?

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Jobs:

1-Fuels Specialist: (all fuels, Jet Fuel, Leaded Gasoline, Diesel Fuel).

2-Repro-Graphics Specialist: used the chemicals such as inks and thrichloroethylene (to clean the equipment (rollers and presses..)).

No where, anywhere, does it say my job description is only Jet Fuel. Plus my claims and IMO say that all the chemcials listed were the chemicals I used on the job, yet JP-4 (Jet Fuel) was the only chemical addressed in their decision. For the life of me, where did the idiot morons get the idea that I only worked with Jet Fuel. I had daily contact and my skin and clothing were soaked daily with all these chemicals. They are all carcinigens, and cause diseases with skin, liver, pancreas, and more.. why didn't they address the issue with all of them? Why did they ignore all but jet fuel? That is my big question to the morons..

Why does it take several years to ask why they ignored evidence? What kind of possible answer could these fools have?

I know you are frustrated - you would have to be catatonic not to be. However, I would remind you of some relevant information.

1. Expecting an explanation for any of their failures is unlikely to happen; is pointless to your appeal; and only increases your aggravation.

2. Realize that you are in this for the long haul. Keep your goal in mind: get the compensation that you are entitled to.

3. If you gather everything you can (IMOs, SMRs, BVA and court decisions etc.) that supports your position, your stuff will eventually get before someone who will understand it and have the power to fix it.

4. Take care of yourself - mentally and physically. This is a war of attrition. Make sure you are still standing at the end of it...

Good luck at the hearing,

sheila

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Why does it take several years to ask why they ignored evidence?

retired,

Simple answer : Because they can.

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Should I print out any prior BVA/Appeals related to my injuries to show that my case also has the same merit? Take the printouts to the DRO hearing and show them? or is that a waste of time..?

Even though I already have an IMO, should I print out reports from medical websites for the toxic chemicals and related diseases?

When I say print out, I am not going to print out books, I mean a few pages in summary.. with references..

I would think they do the same research and also go with precednce on previous court cases..

but, maybe they don't at DRO level...

thanx..

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