Substantiating Asbestos Exposure

[free_spirit_etc]

I decided to take some time to continue to build my asbestos claim - since the judge granted us 90 days to submit more evidence. The RO pretty much conceded that my husband was exposed to asbestos. The SSOC case states "During the pendency of his claim and appeal, several statements were submitted from fellow servicemembers, that confirms the veteran's exposure to asbestos."

But I am assuming that the Board does not have to accept that concession - and so it would be best to make sure I have enough information submitted to show that it is more likely than not my husband was exposed to asbestos.

I did point out in my appeal that the RO was in error in using a 2002 VA opinion in denying the claim, as the VA examiner had made the assumption that my husband was not exposed to asbestos in forming his opinion. The examiner stated my husband was not a part of any medical surveillance, or occupational screenings – and stated that my husband didn’t have any unique medical conditions that could be attributed to asbestos. (My husband does have a pathology confirmed diagnosis of Interstitial Fibrosis – and when you get right down to it – lung cancer IS a unique physical condition that can be attributed to asbestos.)

We have:

1. My husband's own statements that he was exposed to asbestos, and the types of work he did that created the exposure.

2. Statements from 4 individuals who also worked in the electrical shop with my husband. Two of those statements specifically refer to the fact that after my husband left they found out they had been working with asbestos and stated getting hazmat training, chest x-rays, etc.)

3. Evidence that there were no OSHA standards for permissible levels of exposure to asbestos prior to 1975. (My husband was an electrician from 1970 – 1983).

4. Evidence that the OSHA standards for the construction industries were implemented in 1986.

5. Evidence that the initial Air Force standard for Asbestos Management was dated December 1988.

6. A portion of an asbestos survey at the last base my husband served as an electrician state-side which showed significant problems with asbestos in many of the buildings.

7. An internet posting by an asbestos abatement company that showed buildings at Andersen AFB they removed asbestos from.

8. Evidence that electrician is a career field which is frequently cited as being exposed to asbestos.

One thing that doesn’t help the claim is my husband turned in a letter from a Col. he had written to. He specifically asked about asbestos programs. But she just responded that the Air Force did have Occupational Health Programs in existence at that time. And she stated each base should have followed procedures, and she would assume that my husband was not exposed to any hazards above the occupational exposure limit if he was not part of any medical surveillance.

I pointed out in my argument (that I haven’t given the judge yet) that though she said they had Occupational Health Programs in existence, she didn’t state they had specific programs for asbestos in the 1970’s early 80’s. And I also pointed out that though she said she would assume that he was not exposed above the occupational exposure limit – that there were NO occupational exposure limits set for the construction industry prior to 1986.

I wonder if it would be good to get further clarification from her (or whomever had replaced her) though – and write her a letter asking for clarification.

i.e. You said that there were Occupational Health Programs in existence at that time. Could you tell me if those programs specifically covered asbestos?

You stated that you would assume my husband was not exposed above the occupational exposure limit. Could you tell me what the occupational exposure limits for asbestos were from 1970 – 1983?

Or should I just leave that alone – and include my argument concerning that letter?

I also sent this to the bases where my husband was stationed when he was an electrician:

I am seeking this information under the Freedom of Information Act.

I am seeking releasable information regarding asbestos management plans or asbestos operating plans for XXX XXX Base.

I am specifically seeking the following information:

1. Any asbestos management plan for XXXX Base in effect in the years 19XX– 19XX.

2. What year the initial asbestos management plan at XXXX Base was implemented.

3. Whether Electrical System Craftsman (3E071) were included in any medical surveillance, occupational screening, hazmat training, or any other such programs once the plan was implemented.

4. Whether medical surveillance, occupational screening, hazmat training, or other safety programs included workers with past probable occupational exposure, or if they only included current and subsequent workers? (i.e. if the employee had previously, but no longer, worked in the job classification once the plan was implemented, would they be included in such programs).

I am willing to pay fees associated with the above search. However, I ask for a waiver of such fees as I am seeking information to help establish the likelihood of my (deceased) husband being exposed to asbestos for my claim with the Department of Veterans’ Affairs.

Thank you very much for considering my request,

Any other ideas? And yes… I know… I know… IMOs – but I need to convince the Board that is more likely than not my husband was exposed to asbestos before I can convince them that the asbestos exposure can be linked to his cancer.

Edited September 9, 2013 by free_spirit_etc

[jbasser]

I am not sure about the AF having an Occupational screening Program for Airmen who could have been exposed to Asbestos. Most likely they contracted it out so they must have records. I do know for a certain that the Navy Hull Technician rating insulators or Laggers were followed very closely as asbestos removal was a part of their rating and they actively removed asbestos from ships and submarines in the 80's. This screening consisted of Chest Xrays and spirometry tests.

Any associated with this screening had big bold black letters stamped on the SMR "ASBESTOS".

[JT24usn]

http://www.mesotheliomaweb.org/mesothelioma/veterans/navy-jobs-exposure

Navy ranks probability of exposure.

[Berta]

Free spirit said:

“But I am assuming that the Board does not have to accept that concession - and so it would be best to make sure I have enough information submitted to show that it is more likely than not my husband was exposed to asbestos. “

The BVA might accept that concession, however, the BVA will want to know the nexus,medically, with a full rationale , to his lung disease.

“Interstitial lung disease from asbestos exposure can take 10 to 30 years to appear from the time of the initial exposure. The good news for people with asbestosis is that the scarring process most always ceases when asbestos exposure ceases. However, the bad news is that lung damage caused by asbestos exposure cannot be reversed, as it can only be treated to relieve symptoms “

http://www.asbestos.com/mesothelioma/interstitial-lung-disease.php

( a great site by the way)

The word 'Interstitial 'is often a medical catch -all term.....

Did any med rec of your husband define this term as non-idioathic interstitial fibrosis?

Was he autopsied? Sorry if I asked that already.

Any medical terms and their definitions, regarding specific veteran's disabilities are so important in fighting the VA's War of the Words.

I actually got permission from the local VAMC to use their medical library a few times, in 1995, but it was difficult to find what I needed and they watched me like a hawk in there.

The internet,since then, has made it extremely easy to research medical terms and symbols in med recs.

And of course a good IMO doctor has a wealth of sites they pay to belong to, that provide them with very detailed medical abstracts and studies etc, that we lay people cannot get access to.

[Philip Rogers]

Mesothelioma can also be caused by smoking "Kent" brand cigarettes between the yrs 1952 - 1956, when Kent used a specific type asbestos in their trademarked "micronite filters."

pr

[free_spirit_etc]

jbasser and T8r,

Thanks for the input. I keep trying to think of things I have overlooked (which is probably a lot). I did get one response to my FOIA email letting me know that I should get my information by October 7. I hope they address my specific questions and don't just send me one of those generic letters stating that there were occupational safety programs for all known hazards and that each base followed procedures they should have.

[free_spirit_etc]

pr, - Wow! That is interesting. I never heard of that before. I have seen a couple of BVA cases where the VA doctor opined asbestos didn't contribute to the lung cancer because it wasn't mesothelioma. They disregard the fact that medical studies show that asbestos can increase the risk for lung cancer AND mesothelioma.