Exposure To Benzene -Jp4

[Tizz]

I was diagnosed with myelodysplastic syndrome (MDS) / Leukemia / anemia in May 2012 at the Salisbury VA hospital in NC.My bone marrow is not producing enough red blood cells and the immature cells are being kiled off. I have filed my claim with local VSOs and they have helped with filing my appeals.

I have searched for a technical order that states we should wear protective gear....i.e....respirator etc. but I have not had any success.

Background:

I enlisted in the Air Force in February 1973 and was an Avionics Instrument Specialist (AFSC 325X1) until I cross trained in 1983. Part of my job was to troubleshoot and repair the aircraft fuel instrument systems. Repair included having to crawl inside aircraft fuel cells to replace wiring and probes. Prior to my entering the tank, the cell was defueled and the crew chief / fuel system technicians would us a string mop to mop out any remaining fuel as best then could. We did not have any protective gear available (respirators etc) except white cotton coveralls to wear when we entered the fuel cell. Entry to the tank was through an open panel and once we were inside, an air hose was inserted into the hole to provide air. However, the hose was about the size of the entry hole. A safety person would stay by the entry to check on the person inside the cell every so often.

Current situation:

I am living in GA now and go to the Atlanta VA for my treatments. The social worker for the Oncology department helped me with my initial claim for social security disability. It was approved within 22 days and I am now 100% disabled. Of course, the VA claim is still open because, as you know, we have to prove ourselves innocent.......... I had no symptoms of benzene exposure during my career but then again, I hardly ever went to the doctor. Check out the link to see what the Material Safety Data Sheet says about JP4 and blood disorder/bone marrow on page 7

http://www.hess.com/ehs/msds/9947JetFuelJP4.pdf

I am now waiting for an appointment with a DRO along with my American Legion representative. Finally got my VA doctor to write a letter saying that my exposure to benzene was the most likely cause of my MDS.

Glad I found this forum.

[Berta]

“Finally got my VA doctor to write a letter saying that my exposure to benzene was the most likely cause of my MDS. “

WOW. These claims are difficult to succeed in.

Did the VA doctor give a strong medical rationale?

Did it overcome whatever the VA C & P doc stated that caused the denial?

Did you,in fact, even get a C & P exam?

Is there any possible post service occupation you had that could have exposed you to benzene?

Like you didnt work for Hess did you?

Good link you posted here.

Just mentioning that as VA likes to blame post service occupations for any actual SC disabilities.

Is the SSDI award solely for the MDS?

If so that is prime facie evidence for either TDIU or 100% rating (TDIU pays comp at 100% rate).

Do you have a TDIU claim pending?

Is the VA fully aware of the SSDI award and have they obtained those records?

“I am now waiting for an appointment with a DRO along with my American Legion representative. “

Great, but maybe ..if VA was unaware of the SSDI award, maybe by submitting that now, Attention to: and then using the initials in the numeric initial thing next to the Re: on the last decision letter the VA sent to you, on the right hand side of the first page, maybe a DRO review could be diverted and save time.....

Are you able to scan and attach here the denial as to their reasons and bases? (Cover name, address and C file number before you scan it)

[Tizz]

Hello Berta and thank you for your quick reply !

I forgot to add that my prognosis from the Salisbury Oncologist last year is 2-4 years without a bone marrow transplant.

I have answered your questions below.

"Did the VA doctor give a strong medical rationale?"

No, he said in the letter that my exposure to benzene was the most likely cause of my MDS.

Did it overcome whatever the VA C & P doc stated that caused the denial?

Did you,in fact, even get a C & P exam?

Never had this exam.

Is there any possible post service occupation you had that could have exposed you to benzene?

Like you didnt work for Hess did you?

None. I was a Quality Engineer at various companies implementing QS9000/ISO and TS16949 after I retired and until my last layoff in Feb 2012.

Is the SSDI award solely for the MDS?

Yes.

If so that is prime facie evidence for either TDIU or 100% rating (TDIU pays comp at 100% rate).

What is "TDIU"?

Do you have a TDIU claim pending?

No

Is the VA fully aware of the SSDI award and have they obtained those records?

No, my VSO only attached the letter from my VA doctor which stated that I was permeantly disabled due to my MDS.

I do not see how to attach the letters.

Starting to seem like I have a very weak case and my VSO has not helped me very much. I have never even been contacted by my American Legion rep either. hmmmmm

Thank you for your time and help. Sure has opened my eyes !!

[Tizz]

Looked up TDIU and will talk to my VSO about it. He submitted the letter the VA doctor gave me for my social security disability claim as evidence to one of my appeals to the VA. At this point, I am not impressed with the VSO or my American Legion rep.