Copd

[COOL BREEZE]

A new nurse from the VA asked me today why I don't go ahead a file a claim for COPD as I have documented having broncitis numerous times in the military. She said that is one of the main cause. Of course I smoked for 20 years,also, so I am not sure when I get the official diagnosis whether this claim would go anywhere. And if so, what I would be rated as.

[Teac]

Capt.Contaminate

I too have seen some veterans get a service connection for tobacco related illness. In most cases they are awarded service connection on an indrect or secondary basis. For example a veterans PTSD causes him to smoke, and he is given service connection for nicotine dependance. Since the law changed in 1993 most claims are denied on a direct basis.

38 USC § 1103: "Special provisions relating to claims based upon effects of tobacco products

(a) Notwithstanding any other provision of law, a veteran's disability or death shall not be considered to have resulted from personal injury suffered or disease contracted in the line of duty in the active military, naval, or air service for purposes of this title on the basis that it resulted from injury or disease attributable to the use of tobacco products by the veteran during the veteran's service.

(b) Nothing in subsection (a) shall be construed as precluding the establishment of service connection for disability or death from a disease or injury which is otherwise shown to have been incurred or aggravated in active military, naval, or air service or which became manifest to the requisite degree of disability during any applicable presumptive period specified in section 1112 or 1116 of this title [38 USCS § 1112 or 1116]."

Here is an interesting report that discusses the law and how it affected va claims http://www.law.umary.../98-373_EPW.pdf

Here is just one denial for copd based on smoking: http://www.va.gov/vetapp/wraper_bva.asp?file=/vetapp11/Files4/1139478.txt there are hundreds of denials listed on the BVA .....

Edited April 3, 2012 by Teac

[Capt.]

Hello Cool and Teac... thanks for that report . It is interesting to see the change and the attitude change on it. I am hoping to hear about the test and the other things that may help Cool in the claims process , once he gets it done. NEVER GIVE UP. God Bless, C.C.

Edited April 3, 2012 by Capt.Contaminate

[COOL BREEZE]

I quit smoking in 92. However there is a lot of documentation for broncitis-numerous epsidodes!

[Capt.]

Hello Cool,

When you say you have documented Brochiatis . Is that in service? Did you receive treatment in service and diagnosis? If so you will be able to file and connect the dots with this. Had I not had so many problems while at Fort Greely and it was heavily documented , it would have been tougher to receive an award. Anything else that you can think of and was there a cause for this? Any other causations from chemicals , weapons etc. will need documentation and possibly a sound IMO.Your smoking issue in 92 will not be able to stop you from the scientific and medical standpoint. NEVER GIVE UP. God Bless, C.C.

Edited April 5, 2012 by Capt.Contaminate

[COOL BREEZE]

Once I get properly diagnosed in may, then it will be time to start getting my next 2 major claims ready to be processed. It will be easy since I have all my records. And yes, I have had Brochiatis many times. ANd of course working with paint chemicals, exposed to abstestos, ect.

[Capt.]

Hello Cool,

I see with your profile you were in the Navy. If you were stationed on ships , then the older ones had there share of the Asbestos problems which are a common cause to the Lung diseases. I believe you can research that so as to lock it down also. Getting your records and diagnosis from the doctors is going to take time , but it is all about evidence and connecting the dots with your records. I am also glad you have a positive attitude and that you are taking this fight to the end. NEVER GIVE UP. God Bless. C.C.