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Dro Coming Up

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retiredat44

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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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Hello Retired,,, Yes Pete is saying it may be because they don't know the chemical makeup of jetfuel, so it may be a separate claim issue to file. The pyramiding is a possibility too that they are using. It does make sense to use the carbontetrachlorides or tricloroethylene angle as these are known chemicals to cause serious health concerns on several Medical and Agency websites. It may be you will have to break the chain of stupidity with them and start another claim.

I do know that chemical exposures are almost never awarded at the Regional Office. I am dealing with the same thing and have irrefutable evidence. Unfortunately the RO wants to cloud the waters with anything to delay it. However you still have the BVA and these people can read and will. Maybe it will get you a remand, maybe a decision but the bottom line is not to get worked up on the RO level. Do what you can to get it to the BVA. I am running into the same stuff you are at the RO . I am at a DRO notice to reconsider and it is all a waiting game which is all about time. They know they control the cards in their room but it can't stay there forever and sooner or later both you and I will get before someone who can read and then an answer will come out of all this.

I can only imagine what your dealing with and trying to stay healthy. I am dealing with so much pain and limited activity that it plays on you mentally. Just remember that this site is here to help you and there is much in knowledge and you and I are only 2 people in the VA system that are chemical exposure veterans. There are millions of veterans that are chemical exposure stricken. The VA is dealing with them and knows how to deny them , though it is not a proven method for them in the end, it still can discourage a Veteran to quit or in some cases to deny until the Veteran dies. I would do as Pete and others suggested and ask the VA to explain their reasoning or questions. Once they do this and you know where they are coming from you can formulate a plan to attack it.

I hope you and wish you well Retired. Hang in there and remember to NEVER GIVE UP. God Bless, C.C.

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Unfortunately although no one has told you unless I missed it it may be that jet fuel will not let you add other chemicals as the VA will not allow pyramiding. For me I have diagnosis of panic disorder and major depression with agoraphobia. If they rated each on their own I would be close or at 200%.

My opinion is your best chance will be for you to get a higher rating. Also because you feel that VA has not done a good job it would help you more to ask them to explain so that you can understand.

Good Luck

how can it be prymidding ?... they are all seperate chemicals,, it is not a list of constiuents... I was working with each one, but separately... and my skin and lchting reeked with them each time I worked with them..

example... filll trucks with gas,,, naother example, fill trucks with diesel,, another example filling aicraft with Jet Fuel, another example,, cleaning printing presses with Tricho...

more examples transferring gas from pipleine to storage tanks, from tanks to trucks,,, from trucks to aircraft...

diesel also filling buiding heating systems as a fuel for building heat...

transferring fuels to and from trains and tanker cars..

These are all seprate tasks..

plus they already have me on 50% for jet fuel for headaches.. I am fighting for my diseases and injuries from al the other chemcials each used for their purpose during a specific task...

some days I might move jet fuel, some days gas and jet fuels, some days diesel, gas, and jet fuel..

around the clock 24/7

example, trico and gasoline both are known carcinegens that can cause intestinal inflammation, cancer, liver disease, edema... and many long term lifelong effects...

They have not yet assigned my illnesses to these toxic chemicals...

the DRO hearing officer asked me to stipulate that Jet Fuel is already known to cause illness because I am already rated for illness from that chemical..

my IMO toxocolgist doctor covered the chemicals raised here..

my IMO doctor was not a neurolgist so she did not opine on neurolgical effects beynd her toxicology specialty...

MY neurolgist are all doctors at the VA... so they handle that side of my claim..

I do admit pyrmaidding is difficult to understand..

but the way I see it I wokrek ina whiches brew of chemcials, alone each one is a known carcinegen, together they are a combined cancer causing death mixture..

Not everyone may get sick from all, some, or none, but I was sick working with all of them... and was forced to continue working with them after doctors gave written orders not to. I was told her eis a job, you must do it, I followed orders, did my job,,, and those are the facts...

I knpw no one is arguing with me,, but the pyramidding stuff makes no sense...

example, if you get hit by a car and injured that is one thing, but if you get hit by 5 cars, then you got hit by 5 cars,, then if after you are hit and injured by five cars you are ordered to go out and get hit by one more car... how can that relate to pyramidding???

2 broken arms, 2 broken leggs, 8 broken ribs,, etc,, etc... is that pyramidding???

or does it matter the first car was a VW, the 2nd car was a yugo, 3rd mack truck, 4th, a motorcycle..., 5th a train...

I don't even know where I am going with this... I just feel that someone will try to weasel out with some reason that makes no sense..

what a frakkin mess!!

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  • HadIt.com Elder

Retired, you were trated in service for headaches and that is the only reason you got service connected. The VA has shown they dont give a crap about the Jet Fuel exposure. read the BVA cases and Cavc cases here.

ALSO Hadit has a resident expert on Jet Fuel exposure.

These folks are trying to help you so dont cop an attitude with anyone here. You ailenate these folks and your credibility disappears.

JBasser

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Retired, you were trated in service for headaches and that is the only reason you got service connected. The VA has shown they dont give a crap about the Jet Fuel exposure. read the BVA cases and Cavc cases here.

ALSO Hadit has a resident expert on Jet Fuel exposure.

These folks are trying to help you so dont cop an attitude with anyone here. You ailenate these folks and your credibility disappears.

JBasser

sorry, if that's the way it came across, I just don't understand the pyrmidding... maybe I never will...

and you got it backwards, my fight is with the other chemicals, not jet fuel...

that is what was cleared up at the hearing..

I will no longer bother you..

Edited by retiredat44
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  • HadIt.com Elder

Retired, you are trying too hard. I feel for you. Hang in there.

Pyramiding:

If a veteran has 2 diseases on the same bodily segment, Then the VA should pay for the most serious disability.

Now if you have diseases caused by exposure to chemicals, ie Jet Fuel and cleaning solvents, and you have issues with more than one body segement that would not be considered Pyramiding except that the skin may be considered 1 entity.

Checmical exposure can effect different body systems with a variety of dieasese.

Agent Orange is a good example. Just look up the AO presumpties diseases.

Hope this helps.

J

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Hello Retired, Your not bothering anyone so don't worry about that . You are hurting and frustrated so just remember your getting help here and I know what your going thru so I can relate. You keep your thoughts and direction going after the VA and remember.....NEVER GIVE UP. It will work in your favor ...just give it some time. God Bless, C.C.

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