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Jim MAC

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Well as I sit here with pen to paper I do not know what to put. Should I ask for a local hearing or not? Has anybody ever had any luck with a hearing in Roanoke Virginia? Also is now the time to ask for a copy of my C-File even thou I have one NOD pending due to Asbestos? Any Input would be greatly appreciated.

V/R

Jim

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A local hearing wouldn't hurt. Make sure you have all of your pertinent info with you and in order. Whatever you do, do not tell the mto remand it to the BVA, it'll tie your claim up for 2-7 years for nothing. Also, make sure you actually have an asbestos related illness listed and not just asbestos exposure. Asbestos exposure itself is not a disease nor ratable by itself.

Having a copy of your c-file isn't a bad thing any time. It can help you keep track and keep the mhonest so you know what they've looked at and based their decisions on.

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I would ask for a DRO review of your claim if you have not done so yet. You can also request to have a hearing with that DRO. Depending on the backlog of your Regional Office, it doesn't take nearly as long for them to make a decision. Generally, my experience has been about 4-8 months.

Vike 17

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Well as I sit here with pen to paper I do not know what to put. Should I ask for a local hearing or not? Has anybody ever had any luck with a hearing in Roanoke Virginia? Also is now the time to ask for a copy of my C-File even thou I have one NOD pending due to Asbestos? Any Input would be greatly appreciated.

V/R

Jim

I had a local hearing out here in Seattle Wa. I was impressed with the lawyers honesty an his proffessional manner. I waited a year and a half and sought legal aid

which I found useless. We, my Wife and I researched this board and the title 38, different law sites and presented a very convincing case. About 9 monts later I heard from the BVA that they found for my case for service connection on several counts. I would do it again, the system works well and is quite fair IMHO.

Arch

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Asbestos is not a presumptive condition-

"5.13 ASBESTOS-RELATED DISEASES

a. General. Many people with asbestos-related diseases have only recently come to medical attention because the latent period varies from 10 to 45 or more years between first exposure and development of disease. In addition, exposure to asbestos may be brief (as little as a month or two) or indirect (bystander disease).

b. Responsibility. The rating activity is responsible for determining whether or not military records demonstrate evidence of asbestos exposure in service and ensuring that development is accomplished to determine if there is pre-service and post-service evidence of occupational or other asbestos exposure. "

from M21-1, Part 3, paragraphs- 5.13 May 2004

These claims have to be sent to the PIES Section to determine if the veteran's inservice occupations exposed them to asbestos.

Then - the claim involves medical evidence that determines that nothing pre or post dated the asbestos in service exposure.

I have a vet, non smoker, with no pre or post service occupational exposure to asbestos and who was in 2 inservice occupations in the Navy that exposed him.

His claim is taking much time to be resolved and he is obtaining an IMO, as he has developed an additional

terminal disease, which has been added to the asbestos claim as secondary.

1. Did you get a VCAA letter advising you what they needed and

2. Did they send your info to the VA PIES Co ordination to determine if your inservice duties involved asbestos exposure?

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Asbestos is not a presumptive condition-

"5.13 ASBESTOS-RELATED DISEASES

a. General. Many people with asbestos-related diseases have only recently come to medical attention because the latent period varies from 10 to 45 or more years between first exposure and development of disease. In addition, exposure to asbestos may be brief (as little as a month or two) or indirect (bystander disease).

b. Responsibility. The rating activity is responsible for determining whether or not military records demonstrate evidence of asbestos exposure in service and ensuring that development is accomplished to determine if there is pre-service and post-service evidence of occupational or other asbestos exposure. "

from M21-1, Part 3, paragraphs- 5.13 May 2004

These claims have to be sent to the PIES Section to determine if the veteran's inservice occupations exposed them to asbestos.

Then - the claim involves medical evidence that determines that nothing pre or post dated the asbestos in service exposure.

I have a vet, non smoker, with no pre or post service occupational exposure to asbestos and who was in 2 inservice occupations in the Navy that exposed him.

His claim is taking much time to be resolved and he is obtaining an IMO, as he has developed an additional

terminal disease, which has been added to the asbestos claim as secondary.

1. Did you get a VCAA letter advising you what they needed and

2. Did they send your info to the VA PIES Co ordination to determine if your inservice duties involved asbestos exposure?

[/quot

Berta

I have the specific AFSC where the VA says it is proball for Asbetos. I also have a VA xray that states scaring on my lungs. I was turned down from the get go for Asbetos that NOD is pending since Jume 9th of this year. I did a NOD a a few Items last year and received increase for acid reflux frp, 10 to 30 percent plus an increase from 0 to 10 percent for largentius. I was turned down flat for 3 other items which is why I ma going to the BVA. Turned down for chronic bronictis, sinuitus and right scholder pain

V/R

Jim

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