Multiple myeloma diagnosis - benzene exposure while in the navy NAS Willowgrove

[Dean Belson]

I have multiple myeloma and was constantly around benzene while in the navy. Also, I was stationed at NAS Willow Grove which is now an EPA Superfund site because of all the chemicals found in the soil and drinking water. My oncologist won't give me a letter because it hasn't been proven that benzene causes MM. Any suggestions?

[broncovet]

If you think your MM was caused by benzene, and you are seeking VA benefits for the same, then you will likely need another doctors opinion (IMO/IME).  

Before you shell out the money, you should post here as the IMO/IME has to be worded correctly for Va to accept it.  

[Berta]

Multiple myeloma is an Agent Orange presumptive condition.

Are you an incountry Vietnam vet or is the ship you might have been on during the war on the AO presumptive ship list? (To include other types of water vessels in addition to ships)

This is a widow's claim that was awarded due to a nexus  that a  VA doctor made as to benezene and multiple myeloma. The case doesn't tell us much but the VA doctor ruled ouany other etiology but for the benezene exposure- even in light of conflicting data in the medical community.then ...which might be far more probative now.

https://www.va.gov/vetapp14/Files3/1424137.txt

This is a more recent case whereby the veteran succeeded.

There are some significant abstracts and medical references in the case to grant his multiple myeloma as due to inservice exposure to benezene.

https://www.va.gov/vetapp12/files5/1230710.txt

Brncovet is correct- if not due to any AO exposure you had, these cases need strong IMO/IMEs.

Edited February 19, 2018 by Berta

[Gastone]

Dean, about a year ago I had contact with a Hadit member, young San Diego Cop - USMC Air Wing Firefighter Vet that had MM DX. He'd been Denied SC, filed DRO Review Requesting Hardship Advancement immediately. Within about 2 mos he was Awarded 100% P & T.

His E-mail no longer works, so I believe he passed.

[Dean Belson]

What is hardship advancement?

[broncovet]

A hardship advancement, means "an advance on the docket" at the BVA (Board of Veterans Appeals).  

If you are terminally ill, homeless, over age 75, you can usually get an "advance".  Just being broke, however, wont cut it as most of us are broke.  

For more definitave explanation, see this :

https://www.veteranslawblog.org/how-to-advance-your-va-appeal-on-the-board-of-veterans-appeals-docket/

[Tbird]

Reprinted with permission From Chris Attig's Veterans Law Blog

Want to Move Your BVA Appeal into High Gear? File a Motion to Advance on the Board of Veterans Appeals Docket.

Has your VSO – or some other advocate or VA employee – told you that you shouldn’t appeal a bad VA Ratings Decision because it takes forever for your appeal to be heard on the Board of Veterans Appeals Docket?  This is rarely the truth – I have found that in certain specific situations, the only reason an appeal of a VA Ratings Decision to the Board of Veterans Appeals takes a long time is because the advocate did not know how to use some basic tools available to them.

Now, to be sure, not every appeal can be accelerated through the VA Appeals system.  And in those situations where an appeal cannot be accelerated, the BVA can really drag its heels on writing BVA Decisions.

But there are MANY scenarios where an appeal can be moved at something approaching light speed (at least “light speed” when compared to the average case on the Board of Veterans Appeals Docket).

One scenario where a Veteran’s Appeal might be accelerated is through the “Motion to Advance a Claimant’s Appeal on the Board of Veterans Appeals Docket”.

Let’s talk about that scenario now.

Premium Annual Subscribers get access to a free template for a Motion to Advance at the BVA – scroll down to see the link.

What are the Elements of a Motion to Advance on the Board of Veterans Appeals Docket?

Well, this really depends on where you look.

As with all things VA and BVA, the process is often a riddle, wrapped in an enigma, hiding somewhere in the bowels of the St. Petersburg VA Regional Office.

Point is, nothing can be clear with the VA Benefits Process, and the Motion to Advance on the BVA Docket is no different.

So let’s look at all the sources:

38 U.S.C. § 7107

The United States Code is the law of the land – voted into law by both houses of Congress, and signed off by the President.  38 U.S.C. § 7107 gives us the following elements for advancing your appeal on the Board of Veterans Appeals Docket:

“(1) for cause shown…[but]…. Such a motion may be granted only—

(A) if the case involves interpretation of law of general application affecting other claims;

(B) if the appellant is seriously ill or is under severe financial hardship; or

(C) for other sufficient cause shown.

Noteworthy is the phrase “cause shown”.

There’s a legal term of art called  “for good cause shown”.

It’s basically a catch phrase that allows the Courts (a Federal or State Judicial Court, or a legislative Court like the Veterans Court) to decide things based on their discretion of what’s reasonable or not.

 

This is important because the legal standard for over-ruling a Judge – whether a Judicial Branch Judge or a Legislative Court Judge like the Veterans Court – must rise to the level of an arbitrary, capricious or otherwise unreasonable departure from precedent and settled judicial custom.

But that’s not the phrase used in this statute: the statute uses “for cause shown”.

 

That’s a wee bit broader – broad enough, in fact,  to drive a truck through.

So, according to 38 USC § 7107, if you make a convincing argument that there is reason to advance your case, it should be granted…although if you show that you are seriously ill or under severe financial hardship, or have a case with a general interpretation of law affecting other claims, you’ve met the “cause shown” standard.

Clear as mud?

It gets better.

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