Accrued Benefits - Reopening - Missing Service Records

[free_spirit_etc]

As my husband's discharge physical is not in his C-file, and there is not any indication it was ever in the C-file - if I can ever obtain a copy, does that mean I can use it as new and material evidence to reopen any and all claims that were denied because the SMRs didn't show X (as long as the claimed condition / symptom was mentioned on discharge physical)?

[Berta]

sorry for quadruples........satelitle problems cant del;ete

[free_spirit_etc]

Thanks Berta!

"I just meant that VA will look for a smoking history to try to deny asbestos claims."

That was one thing that really threw me for a loop at my hearing. I mean there is no reason to hide the fact my husband smoked.... but there was no reason to highlight it either - unless it tied directly to proving the claim. I took my IMOs to show my husband's cancer started in service (so what caused it is not totally relevant).

What was one of the first things the VSO asked me?

Is it true your husband started smoking before he joined the service?

Huh??? Why in the world would MY representative be asking me that???

I said I don't know. He rolled his eyes. I said I didn't know for a fact when he started smoking. I didn't know him back then.

So he asked how much my husband smoked.

But again - why in the world would your OWN representative even be asking those questions.

It seemed like he was working on getting the claim denied.

[free_spirit_etc]

Something very interesting is reading some of the decisions for the brief period of time that the VA covered smoking related illnesses and the veterans had to prove it was more likely than not that smoking caused their COPD, cancer, etc. The VA examiners were pulling all kinds of reasoning out of their hats to explain that they didn't know for sure that smoking caused anything.

[free_spirit_etc]

"If you have submitted 2 additional independent medical opinions, since the SSOC was issued, that fully conform to the IMO criteria in our IMO forum,

and if these opinions support your claim with a full medical rationale for SC death (which of course would support the accrued benefits claim for the same disability) than you should succeed."

This was the part I had been puzzled about because the IMOs were not in the record on the date of death. So I didn't know IMOs could be submitted for accrued benefits. But then I started noticing the BVA sought medical opinions for accrued benefits claims. So I guess that means I can't submit more medical records, etc. - but since medical opinions are needed to actually decide the claim - then medical opinions that are written based on the evidence that was in the file would count.

[Berta]

It isnt an unusual question......the rep was looking to see if there was potential to claim, since the cigs were possibly Gov issued and in his C rats, that he began smoking in the Mil.

Also..years ago I was asked by my former rep to help an asbestos vet.

I met the vet and he gave me permissions to review his records and ask questions.

The first question I asked him was if he had ever smoked a thousand cigarettes while on board his ship.No? how about a hundred? or 5 packs?

He laughed and said he never smoked at all.

Then I said, you sailors never played any card games on board ,did you ...he really laughed at that one.

I whipped out a picture I downloaded of his ship.....she was a beauty and he really started talking about his service ( he slept under the asbestos laden pipes) and his MOS,I had already checked and found was listed at "highly probable" on the VA PIES list.for asbestos exposure.

I then gave him a print out that showed our Navy had to send his ship to Iran as be dumped as salvage ,because they could not possibly remove all of the asbestos it contained.

He had a form of colon cancer that I had done considerable research on.and that was as likely as not due to his asbestos exposure.

ll he needed was an IMO to support the info I found.

But he died suddenly, with no dependents ,who could continue the claim. This work can be heartbreaking.He was a lovely man and also I helped with his 1151 claim. The VA really buggered him up but good .

[free_spirit_etc]

"It isnt an unusual question......the rep was looking to see if there was potential to claim, since the cigs were possibly Gov issued and in his C rats, that he began smoking in the Mil."

I thought that claims based on tobacco use were no longer covered. I know for a time, they did cover them on the basis that the veteran's tobacco dependence started in the military. But they don't cover that anymore (unless another service connected condition, like PTSD, causes you to smoke.)

I guess it was okay that he asked the question. It just surprised me it was the first thing he asked in the hearing.

That is so touching - your story about the Vet. I remember when I was doing training for massage therapy, one of my clients in clinicals was a man in his 90's. He always told me not to massage him like an old man - to really give him some PRESSURE! He had some significant back pain - poor guy. But I remember he was gone for a couple weeks. His wife and him went to Hawaii. When he returned - I asked if he had seen Pearl Harbor. "Seen it???" He said, "Hell! I was there when they BOMBED it!!!"