Some Advice About How To Present This Research

[CCC]

OK I've spent about a year compiling research and I'm ready to get it ready to send to the VA. I was wondering if anybody had a good idea on how I could put it all together, in like one page. Maybe a spreadsheet or something that says "He was here, he has lung damage, this is the chemical that caused the lung damage, this is his duty station that had the chemicals, etc."

Something like that. Does anyone have any ideas? I've been stuck here for a few days, not knowing how to do it. I would love to be able to have everything in one page, if at all possible, because I feel like it will make the most impact if they can look at it and see it all at once glance.

I just don't think I can do it that way. Between medical records, contaminant documentation and the like, I have 6 binders of information. I don't see how I can do it all on one page, but I'm open to suggestions.

Thanks in advance, if anyone has any ideas.

[john999]

If I got denied on this claim I would take it to lawyer. These chemical exposure cases are tricky and can take years.

[CCC]

I don't know about one page. Things like indexes, "executive summary", "foot notes",

and time line flow charts come to mind.

When you state that this caused that, you will need medical opinions that validate the cause and effect for the individual case.

In an ideal situation, you setup things so that the RO cannot take the position that the evidence is "general", and may not/does not directly pertain to this specific case. Even with this accomplished, the RO may, (seemingly randomly) decide to deny or approve.

My experience with the Nehmer review was that they actually read, listed, and weighed the evidence, unlike the original denying Atlanta RO and DRO,who ignored, downplayed, and tried to discount positive evidence.

Yeah I've got so much documentation - I just thought it'd make a bigger impact if I could do it all in one page, but I think you're right - one page ain't gonna cut it.

[CCC]

If I got denied on this claim I would take it to lawyer. These chemical exposure cases are tricky and can take years.

I've already talked to one, and he told me to call him back if (when) it gets denied. I wish he'd go ahead and take it now. That way he could familiarize himself with everything while we are waiting.

[Berta]

You got good advise here.

My experience with studying chemical exposure claims at the BVA is that they need strong evidence that a specific chemical caused the disability and it takes a strong medical opinion to back up any research to prove the point.

You made a good start:

"Maybe a spreadsheet or something that says "He was here, he has lung damage, this is the chemical that caused the lung damage, this is his duty station that had the chemicals, etc."

I dont get the spreadsheet part but if you can identify the actual chemical,prove the actual place you were exposed to it,in service, and that this chemical does cause lung damage (of the exact medical type of lung disability you have)and if a doctor agrees with that (IMO docs will review research far more diligently then the VA does) you could succeed.

[CCC]

thanks, Berta. I do have all that information - just trying to find a way to get it all compiled together for a neater package. We do have a great doctor, too - outside the VA. We've already talked to her about our research, and when it's finished, and neatened up, I'm going to give the entire bundle to her for her own research. She seemed favorable that, as long as the research we found was valid, that she'd back up our claims re: the illnesses starting based on the chemical exposure.

[ping jockey]

Hello,

Been a while, I hope your Summer went well!

So, while reading this post, I felt compelled to redact and share "how" I assembled and organized my claim. I wish I had my Claim straight before all the "amended stuff" on page one; but, oh well.

Hopefully, it serves as a decent model for others with complex Claims too. Likewise, I got a little concerned about the "chemical exposure" part of this post and "how specific" our Elders sage experience says we need to be.

Further, I posted in the hope that Hoppy may know Case Law that weights on my facts and circumstances, in the event it gets denied. I'd be surprised if I get an NOD, but never underestimate the V.A..

After searching the site; I'm asking if someone can point to:

1. Where/how Fed/State SSDI or what other benefits are available?
   
   
2. Info on Retro?
   

Thanks,

PJ

AUG 1997 CHRONIC SINUITIS - PANSINUSITIS.pdf

Edited October 8, 2012 by ping jockey