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betrayed

Previously Denied, Then Later Listed On C&p As Having Copd

Question

I filled a claim a few years back for asbestos-is / coped both were denied. Because I didn't have the evidence to to appeal I didn't.

A few months later during another C&P I was diagnosed with COPD. How do I reopen this considering I did not appeal in the allotted time?

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"How do I reopen this considering I did not appeal in the allotted time?"

I assume you mean reopening the claim for asbestosis with COPD as secondary to the asbestosis.

If you have positive proof that the asbestosis is related to your service

( your MOS might be on the Navy PIES list here:)

and you have an independent medical opinion that states the asbestosis is as likely as not due to your service, and it has also caused the COPD,then you would have New and material evidence in order to re open the claim with.

If I were you I would read over the older denial carefully because every reason they gave has to be overcome in the re-opened claim.

These claims can succeed but they need very strong medical evidence. The VA however might try to use a post service occupation you had ,if that post service occupation exposed you to asbestos as well as the Navy. Or they could use a smoking history against you, as smoking has become a known medical cause of COPD.

If you go to the BVA web site and go to the decision area, you could search for asbestosis COPD and see how they are handling these claims.

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Hi Berta, no I filled a claim for asbestosis and or COPD. Both were denied. Later in another C&P I was diadnosed as having COPD

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"A few months later during another C&P I was diagnosed with COPD."

If you were diagnosed within a few months of the first C&P - was this additional C&P in your record when they denied you?

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Hi Berta, no I filled a claim for asbestosis and or COPD. Both were denied. Later in another C&P I was diadnosed as having COPD

betrayed,

Why was the COPD denied ?

If it were denied due to no diagnosis - this would be N&M evidence to re-open.

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"A few months later during another C&P I was diagnosed with COPD."

If you were diagnosed within a few months of the first C&P - was this additional C&P in your record when they denied you?

no

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