Update On Asbestosis Claim

[68mustang]

I got a copy of the C&P exam report for the exam I had last week. Since I don't have a scanner I am posting what it states in the

(Standard Examiners Medical Opinion) as follows:

The condition/disability pleural calcification ( asbestos related lung disease) is as least as likely as not (50/50 Probability) caused by or a result of asbestos exposure based on military occupational specialty.

Rationale for Opinion Given:

The veteran's occupation in the military involved working in areas with high concentration of asbestos. His work in shipyards during this period of time is a documented environmental risk for acquiring asbestos related lung disease. Due to the history of a high risk occupation and the current CT scan findings which are typical of asbestos related lung disease, it is likely that his present chronic disability from lung disease (pleural calcification) is related to his occupation while on active duty.

Reference:

Speizer,FE. Environmental Lung Disease. Harrison's Principles of Internal Medicine. 15th edition pages. 1469-1470.

Just like to see if anyone has any input as to whether this would help with my claim for asbestosis. I don't know if this would be rateable or if rateable at what percentage. Thanks for any info that you can provide.

68mustang

I checked Ebenefits on Saturday and my claim was changed from Development to Decision Phase. Just waiting to hear what the decision will be. It has been a on and off long battle since 1989. If denied, I've got everything ready for the next step whatever that may be.

68mustang

[68mustang]

Thank you all for your responses. My occupations prior to and after my enlistment were not the type that had asbestos related exposure. I provided a detailed list of those occupations with a buddy letter from my wife. I did try to get a lawyer, but the lawyers I contacted were only interested in persons with mesothelioma or the with other terminal diseases related to asbestos exposure. Who knows one day I may find a lawyer who will represent me for the type and level of disease that I have. Again thanks for your responses.

68mustang

[68mustang]

I am going to do a future show about asbestos usage int he Military. I will go into detail as to the locations and systems it was used.

If anyone would be interested, contact me.

Asbestos has killed or is killing more veterans than we know.

Basser

The VA and U.S. Navy have been very quiet through the years about asbestos exposure compared to other hazardous chemical exposures. Through the years I have tried to get three different congressmen involved on the issue of military occupations that had hazardous asbestos exposure. Each time all I got was lip service and no action. I also sent letters to the VA and U.S. Navy as to why there were no registries for asbestos exposure like there is for Agent Orange Registries and for other hazardous exposures chemicals. All I got from both the VA and U.S. Navy was that if I had an illness related to asbestos to file a claim. I did in 1989 and at later dates and was denied each time. I am keeping my fingers crossed this time due to the VA C&P report. I should know better.

68mustang

[Berta]

The C & P doc's reference to Harrison's Principles is GOLDEN!

This text ,next to Braunwald on CArdiology is one of the finest medical texts in the USA.

VA would be hard pressed to try to overlook Harrison's (who also is what VA is using for all AO IHD claims)

"The general rating formula for asbestosis (Diagnostic Code 6833)

is as follows:

Under 38 C.F.R. § 4.97, Diagnostic Code 6833 if forced vital

capacity (FVC) is 75 to 80 percent predicted, or if diffusion

capacity of the lung for carbon monoxide by

single breath method (DLCO) is 66 to 80 percent predicted then a

10 percent disability rating is in order.

If FVC is 65 to 74 percent predicted, or if the Veteran's DLCO is

56 to 65 percent predicted then a 30 percent disability rating is

in order.

If FVC is 50 to 64 percent predicted, or if the Veteran's DLCO is

40 to 55 percent predicted or; maximum exercise capacity of 15 to

20 ml/kg/min oxygen consumption with cardiorespiratory

limitation, a 60 percent disability evaluation is in order.

If FVC is less than 50-percent predicted, or; DLCO is less than

40-percent predicted, or; maximum exercise capacity less than 15

ml/kg/min oxygen consumption with cardiorespiratory limitation,

or; pulmonale or pulmonary hypertension, or; requires outpatient

oxygen therapy, a 100 percent disability evaluation is in order."

http://www.va.gov/vetapp10/files4/1034744.txt

Hopefully VA did all applicable tests to properly determine the DLCO and proper rating.

[Philip Rogers]

68mustang - I used <http://www.simmonsfirm.com> for my Mom's mesothelioma claim and they did a great job. You might inquire w/them for help on the civilian side.

pr

Edited May 10, 2011 by Philip Rogers

[Chuck75]

It seems to me that you might want/need to talk to a lawyer that is accepted to practice in both the VA system and the federal court system, rather than just the mesothelioma area.

Thank you all for your responses. My occupations prior to and after my enlistment were not the type that had asbestos related exposure. I provided a detailed list of those occupations with a buddy letter from my wife. I did try to get a lawyer, but the lawyers I contacted were only interested in persons with mesothelioma or the with other terminal diseases related to asbestos exposure. Who knows one day I may find a lawyer who will represent me for the type and level of disease that I have. Again thanks for your responses.

68mustang

[68mustang]

It seems to me that you might want/need to talk to a lawyer that is accepted to practice in both the VA system and the federal court system, rather than just the mesothelioma area.

Thanks to all of you for your responses. I posted that I found out about the status of my claim going from Development on this past Friday to Decision Phase on Saturday. Late yesterday I called the 1-800 and was told that a letter had been mailed to me that day and that I could not be given any further information. Well last night I checked Ebenefits and I could not get into the web site. Today I check Ebenefits and got in only to have the web site claim status area note that I would have to call the 1-800 to find out the status of my claim. I give up. I should have known better than to try and get info off Ebenefits. Some other hadit members have very good service on Ebenefits, then there are some of us that take one step forward and then up taking five steps backwards.LOL