Rubber Stamps

[shag]

Well, I guess you could wonder what's wrong with the VA if you are in my area... It is as simple are readin, and writin, and rithmetic. Believe it or not,,,either these folks can't read or they are just rubberstamping denials. Anyway,,,I thought it might be a lot of other things (you name 'em, i tried to use them to explain this) but that can be the only reason. You guys can and some of you maybe should continue arguing with idiots, they made me quit. If you ask me,,,if you didn't have a stressor, the VA here will certainly give you one while attempting to murder you (indirectly) by stressing you to the point of heart attack. Of course, they will claim they had nothing to do with it. By the way,,, I TRULY believe this. not that anybody but me cares... The first solution is to fire the nuts in rating for not being able to read the "English" language.

[Chuck75]

In your claim, can you or have you shown the dates--

Ship was built (and where by who) Ships built before certain dates commonly used large amounts of asbestos.

Any other dates or facts that would help show the evidence of asbestos presence.

(Others from the same ship with the disease, etc.)

An IMO that relates your disease to shipboard work in the yards/ presence on the ship.

Your specialty,

Basically, You will need to NOD the denial, if you haven't already done so.

It sounds like you had an RO that was in a deny mode. (Not uncommon!)

What reasoning was given for the denial?

Remember that the law says "at least as likely as not", and the ROs work to a standard that is basically "most likely", or "incontrovertible"

Are there any other potential exposures in your history that might be used by an RO to rationalize a denial?

(Exposure after military service in some professions is sort of a given.)

Another issue is that asbestos is reasonably "safe" when it is covered (Pipe insulation with a cover for example)

Usually, what happened on a ship was that the constant vibration and possibly "shock" breaks down asbestos fibers,

and causes them to become airborne. Older ships did not have filters in the ventilation systems that had the ability to remove all asbestos fibers.

In the latter 1960's, the Navy was heavily into asbestos removal during routine overhauls.

As a practical matter, involvement in these efforts certainly increased the chances of asbestos exposure.

Initially, little "protective gear" was available. Although spaces undergoing asbestos removal were isolated, there may not have been the required buffer zones setup and used properly.

Reuse of protective coveralls intended for one time use was common, due to lack of availability.

Generally, it's the "short fiber" form of asbestos that is the major source of problems. Asbestos dust and airborne short fibers are created when asbestos insulation is disturbed.

Thanks guys,,,but most of you know that I have been following hadit.com for some years. Not to be a wise alec,,,but I do understand evidence and persistence. Hey, but when the evidence is in the service record, plus a government "B" reader opines after three different tests, plus evidence that my ship was in dry dock being overhauled during the period that I was on it, plus I worked six months as a fire watch and apprentice welder, plus the name of my welder, plus the names of the people I worked with while in dry dock, plus mri confirmation, plus, plus, plus...... what other evidence can I present? Thanks for any replies.

[shag]

Yes,,,I did give dates...My service records also bear evidence.

USS AMERICA (CV66) 1979-81

Keel Laid: January 9, 1961 Launched: February 1, 1964 Commissioned: January 23, 1965 Decommissioned: August 9, 1996 Builder: Newport News Shipbuilding Co., Newport News, Va.

About a month after I was discharged, I was contacted by Weitz and Luxemburg that I was part of a class action suit for asbestos exposure. I was tested, then a few years later, I was tested again, then tested just two year ago again. The government "B" Reader, I guess that is somebody hired by the government to analyze the test, gave a report of asbestosis.

I worked as a deckhand, and later in the yards, an apprentice welder and fire watch for last six months that I was on the ship while in dry dock for overhaul at Portsmouth in 1980. Later I struck to be a journalist and paid the dues and got it.

I did immediately submit my NOD the same day I got the envelope from VA.

Nope,,,I had no other exposure, because the military is the only job I have had since I was 18. (way back when...lol)

I think you are right about the 'denial mode'.

According to the rater, because I was a seaman and later a journalist, my exposure was limited. Needless to say my eyebrows wound up on the back of my head as I said,,,"WHAT?"

There was no mention of the drydocks, the job I had while in drydock, or anything else. Also, ironically, for the folks who served in the Army in country VN, while the military almost encouraged you to smoke by making them available in rations, which got me and many others smoking, this same rationale was used as part of the denial. That point in itself is very important to me,,,because while I wasn't a superstar athlete before the military,,,I did get a couple of football scholarship offers, but it was too late,,,I was already in the military. (1967)

In other words, I did not smoke before the military.

As far as protection while working in the drydocks, for the most part there wasn't any, save those paper masks that we used.

[shag]

It's human nature to ask,

why,

are you trying to increase your service connection if you are already rated at the maximum high?

I understand and sympathize with you all the way.

But, the worker bees at the VARO probably do not.

I have service connected medical conditions that I have never tried to get recognized by the VA because I'm TDIU and P&T.

I get severely stressed whenever some jerk calls me a liar or uses fabricated BS to deny my claims.

BTW, my medical records simply state that the VARO has caused my PTSD symptoms to become worse.

I could sue the pricks if I wanted to.

Pressing the issue further will do me more harm than good.

When you have a service connected medical condition, that could someday cause an early death at any age, hopefully at 160, your spouse and descendants could apply for more benefit money based upon the service connected demise.

Go for it and don't let anyone talk you out of it.

It's legal, moral and justified.

sledge

DITTO DITTO and DITTO

[Berta]

Shag said "plus I worked six months as a fire watch"

Dont know if this helps but many years ago (I was with volunteer fire dept) all turn out gear had to be replaced to comply with OSHA as fire gear in the past contained asbestos.

http://www.mesotheliomanews.com/asbestos/navy-and-naval-shipyards/aircraft-carriers/uss-america-cv-66/

http://www.asbestos-ships.com/aircrafts/uss-america-cv-66/

There are some other sites as well regarding asbestos and the USS America.

[shag]

Thanks Berta....to paraphrase, as the one article stated, "at that time not much was known about the health problems associated with asbestos." However, here is the part that was not mentioned in the articles.

Entering the Norfolk Naval Shipyard on 6 November 1979, America underwent repairs and alterations for much of 1980 commencing her post-repair trials on 23 September 1980. Among the work performed during the availability was the installation of the NATO "Sea Sparrow" missile and close-in weapon systems such as the multi-barreled "Phalanx" machine gun.

The ship carried out a second period of post-repair trials from 16 October to 21 October, after which time she returned to NOB, Norfolk whence she conducted sea trials from 27-29 October. Subsequently conducting refresher training out of Guantanamo Bay, America returned to the Virginia Capes operating area to conduct carrier qualifications in early December. She spent the remainder of the year 1980, undergoing upkeep at NOB, Norfolk.

....from the online encyclopedia.

That is exactly when I was onboard, and the year before.

Thanks again.

Lawrence