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Asbestos Claims

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Berta

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Berta

Berta

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This claim shows how the VA determines asbestos related service connection.

http://www.va.gov/vetapp06/files3/0615513.txt

The veteran's SMRs were destroyed in the fire at St Louis.

The veteran had been a long term smoker.

He also-post service-was exposed to asbestos-

at first glance this claim looks impossible to succeed.

The veteran did some leg work- he clearly gave the VA a good idea of what he did in service and sent them some pictures of himself while at work in the military.

An initial remand of this claim received a VA doctor's favorable opinion and the VA stated the more than likely stuff and supported this with a medical text.

There are significant medical treatices and abstracts that can be used in support of these claims.

The VA doctor used :

The

physician supported her opinions with cites to a 2004 article

in the American Journal of Respiratory Critical Care

Medicine.

A good IMO should include references to medical texts and treatises.

GRADUATE ! Nov 2nd 2007 American Military University !

When thousands of Americans faced annihilation in the 1800s Chief

Osceola's response to his people, the Seminoles, was

simply "They(the US Army)have guns, but so do we."

Sameo to us -They (VA) have 38 CFR ,38 USC, and M21-1- but so do we.

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free_spirit_etc Grand Master

free_spirit_etc

Posted
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Some good info!!!!!!!!! :D

Free

This claim shows how the VA determines asbestos related service connection.

http://www.va.gov/vetapp06/files3/0615513.txt

The veteran's SMRs were destroyed in the fire at St Louis.

The veteran had been a long term smoker.

He also-post service-was exposed to asbestos-

at first glance this claim looks impossible to succeed.

The veteran did some leg work- he clearly gave the VA a good idea of what he did in service and sent them some pictures of himself while at work in the military.

An initial remand of this claim received a VA doctor's favorable opinion and the VA stated the more than likely stuff and supported this with a medical text.

There are significant medical treatices and abstracts that can be used in support of these claims.

The VA doctor used :

The

physician supported her opinions with cites to a 2004 article

in the American Journal of Respiratory Critical Care

Medicine.

A good IMO should include references to medical texts and treatises.

Think Outside the Box!
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john999 Grand Master

john999

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  • HadIt.com Elder
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You know the kind of cancer you get from asbestos exposure is not like the cancer you get from smoking. The VSO magazines are full of lawyers suing for asbestos exposure illnesses. The blame wants to blame the veterans for all their own illness. I guess I was responsible for being exposed to agent orange in RVN. I should have ducked and covered.

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Berta

Berta

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Posted (edited)

John- you brought up a good point- I always wonder how the AO settlement was fair.

Rod was in it and got a couple thousand and I was in it for a widow's payment-

Their criteria for the AO settlement was proof of total disability and proven exposure to AO. Or death and proven AO exposure.

Since the settlement fund closed in 1995 I think it was- there have been thousands of vets since who never got AO payments because they were 100% disabled after the class action lawsuit closed its coffers.

Some of these veterans probably got a 100% retro that could have out them into the AO lawsuit against Dow Chem but the VA took so long on their claim that I wonder if any tried when they finally got a 100% award.

If they had a SSA award, regardless of what it was for (NSC or SC) they were in the class action.

It never seemed fair to me. I have a vet who is 100% due to AO but he didnt even know he would ever be 100% AO when the lawsuit was open.

When one considers that Agent Orange is a proven inservice "injury"that had long term affects one wonders why the EED on AO claims isn't the first day of arrival onto the shores of or onto tarmacs in Vietnam.

Oh well that is a dream- I think PTSD started that same day for many Vietnam vets too or at least by the day of their DEROS -if they have PTSD now, they sure had it then.

But it wasn't "invented" as a ratable disability until 1983 by the VA.

I need to dig out Rod's first award letter. I wonder if they gave him to the date of his claim or to the date in 1983 they first added PTSD to the Schedule of RAtings.

His first PTSD claim only took four months and his second PTSD claim took over 6 years.

The logic of that just baffles me.

Edited by Berta

GRADUATE ! Nov 2nd 2007 American Military University !

When thousands of Americans faced annihilation in the 1800s Chief

Osceola's response to his people, the Seminoles, was

simply "They(the US Army)have guns, but so do we."

Sameo to us -They (VA) have 38 CFR ,38 USC, and M21-1- but so do we.

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