At A Loss

[kirk192]

7 years ago I was diagnosed with a brain tumor. I was 9 years out of service, however, there where 3 other men from my Team of 40 with the same afliction. One has since passed. I filed my claim in March of 07.

It was denied 6 months later. I apealed and it was again denied. I filed suit in the court of veterans appeals and it was remanded with specific instructions to have me undergo another C&P exam. The BVA said that the "respectfully disagree" with the court order and simply denied the claim. However, they gave me specific reasons as to why the claim was denied. I filed suit again, and, again it was remanded. I have since submitted medical information that contridicts thier admitted lay opinions as to why my claim was denied. First submission was directly to the VA RO, I even got them to sign confirmation of receipt. That information was "lost" with no explination. I then sent it all myself with signature confirmation. It was received.

I called the AMC several weeks later and they told me that they where waiting for my file from my Regional office. I went to my regional office and they told me my file was at the AMC. I went to the DAV and they said that my file was at AMC and refused to call and verify. Have called my Senator and gotten the standard "we are looking into it".

Anyone have some suggestions?

[MarkInTexas]

Maybe use the VONAPP application in eBenefits? I have been "doubling" my efforts by mailing copies and also sending the same information online. eBenefits tends to "log" the information as received much more often than they do my mailed-in information.

Just a thought.

Mark

[qwiksting]

Not going off topic, but do you have a number to the AMC?

[deanbrt]

Get rid of DAV and go with the American Legion to start.

Or call Amy Kretkowski at the following...

http://hoeferlaw.com/

[Berta]

" I was 9 years out of service, however, there where 3 other men from my Team of 40 with the same afliction. One has since passed."

That is way beyond a mere coincidence.

What was your MOS and possible nexus?

Have they too filed for VA comp?

Reason I ask- about 2 years ago a few male vets found they had all developed breast cancers, and began to contact each other. The only common grounds they had was that they were all stationed at Camp LeJuene many years ago.

http://www.tampabay....icle1013675.ece

President Obama recently signed the LeJeune Legislation and VA has already Sced one vet due to the bad water situation at Camp LeJeune.

My point It is very unusual for 1O% ,as in your case, of a team to develop the same disability,such as these Camp LeJeune vets did.

Did you and your team come into exposure to non ionizing or electromagnetic radiation?

Or any chemical that could potentially have caused the tumors?

Is this a glioblastoma tumor?

These types of claims can succeed with a strong inservice nexus to something that could cause the tumor, with no other know etiology, and with a strong Independent Medical Opinion.

“The medical opinion provided by Dr. S.L., however, is not speculative. This opinion states that, on an at least as likely as not basis, the Veteran's exposure to electromagnetic radiation led to his development of a cerebral meningioma. The examiner discussed pertinent medical and family history and the opinion is supported by adequate rationale. As such, it is considered probative. “

http://www.va.gov/ve...es1/1108804.txt

“However, the Board finds that the issue of whether radiation

exposure caused the Veteran's brain tumor need not be reached

because the evidence indicates that the Veteran's brain tumor

onset during his service. Dr. R.J.S., a physician who treated

the Veteran for his tumor, noted that the type of tumor that the

Veteran had was slow growing and he asserted that "[t]he

malignant transformation took place at least 10 to 15 years prior

to diagnosis." Since the Veteran's glioblastoma was diagnosed

only approximately 3.5 years after his service, this put the

onset of the malignant transformation squarely within the

Veteran's period of active naval service. Dr. R.J.S.'s opinion

that the malignant transformation that led to the Veteran's fatal

brain tumor took place during the Veteran's service was not

refuted by any evidence of record. Dr. R.J.S.'s opinion was

corroborated by that of Dr. P.W., another of the Veteran's

treating physicians, who also noted that the Veteran's tumor was

of a slow growing type and that it was "quite possible" that

the tumor developed during the Veteran's service but remained

asymptomatic until after he left the Navy. A third physician,

Dr. J.A.D., also opined that it was "not uncommon for these

tumors to be present for many years at a lower grade" only to

convert to a more malignant grade at a later time, such as after

continued exposure to external agents damaging to DNA. “

ORDER

Service connection for the cause of the Veteran's death is

granted.

http://www.va.gov/ve...es1/1100285.txt

Edited August 13, 2012 by Berta

[Pete53]

Good luck welcome to Hadit

[midnight340]

You are at the right place, listen to the folks here and keep posting everything!

Do not give up, do not ease up on this. You deserve better than the treatment so far. Hang in there, and keep at it. Good luck.