Prostate Cancer and Asbestos Nexus

[Mulligan64]

Hi all!  Just found this site and from the looks of it there are more answers here than with the VA or with my VSO, so here goes.

Several months ago I filed for asbestos exposure issues arising from Naval Service (old snipe on an older no longer existing aircraft carrier).  Everything I've read and printed out for future use, notes that evidence of asbestos exposure typically doesn't rear it's ugly head for 30- 50 years.  Which it has in my case.  Lung fibrosis, calcified and non-calcified pleural plaques and a small lung (possibly benign) lung nodule all revealed initially poorly via an x-ray and later better identified by a CT scan.  All on my dime.  I thought I'd just have to grin and bear it until a Vet informed me about it being related to my naval background so I filed with the VA using a VSO.  (I should point out that as of yet I do not have lung cancer, mesothelioma or asbestosis.)

Two things.   I get my response from the VA and they tell me that because I didn't file within one year of discharge (1968) I couldn't file for prostate cancer, which I have been operated on for this year, and still have some residuals that I'll probably have for the rest of my life.   Then, they inform me they want a C&P exam, by a contractor,  performed regarding my "pleural plaques."

(Pleural plaques are evidence of asbestos exposure causing the  moderate lung fibrosis and the lung nodule.  The only concentrated asbestos exposure I had was during my Naval enlistment.)

 So, I went in to the C&P with print-outs noting asbestos exposure has a long latency period, how it can cause pleural and calcified and non-calcified pleural plaques, as well as a copy of my CT scan.  The doctor could have cared less.  He actually pushed away the paperwork I had brought with me.  He never took vitals.  Nothing.  I was there to get a chest x-ray (not worth a crap compared to a CT scan) and to take a pulmonary function test.  He opted not to do the x-ray when he glanced at my CT scan report, that he had previously pushed away, spoke out loud more to himself than me, stating, "I can use this."  And, pretty much dismissed me, stating as he walked out the door that his report would be done in two or three days.  

Oh, and the chest x-ray was never done.

The "nurse" then did my PFT exam.  I either flunked it or failed it so miserably, she gave up after administering the test five (not three) times in about as many minutes.  Simply put, I ran out of air, I guess, faster than she thought I should.  Every time I took the test I happened to cough into the tube as I ran out of air.  Twice.  She said the machine read that I was coughing not exhaling.  I told her that I was out of air by that time and of course I was coughing.  So then, she let me hold the machine, I took a deep breathe, exhaled and as I started to cough pushed the machine away from me so I didn't cough (heaven forbid) into the tube.  I did that three times and by then I was about to pass out.  She ultimately left the room and came back in a few minutes later letting me know I could go.

As to the prostate cancer, I have found several internet articles from medical sites that link asbestos exposure and prostate cancer and have proffered  them with my Request for Reconsideration.

Assuming this request takes months for yet another denial, does the time it take for their reconsideration adversely impact the year I have to file either a NOD or an appeal?  

Any like cases or suggestions out there?

 

 

 

Edited January 12, 2019 by Mulligan64
typos

[broncovet]

You posted:

Quote

they tell me that because I didn't file within one year of discharge (1968) I couldn't file for prostate cancer, which I have been operated on for this year, and still have some residuals that I'll probably have for the rest of my life.   

This is not true, and another example for you "not to believe" everything VA tells you (even if its in writing!).  A veteran may file a claim at any time.  The "one year" window is for effective dates and can make it easier for you, but there is no requirement the Veteran must file within a year of discharge.  

To get service connected you need these 3 things, and you should focus on them:

1.  Current diagnosis.

2.  In service event or aggravation.

3.  Nexus, or docs opinion that your current diagnosis is related to an event in service.  

It is possible, however, that yours is "on the presumptive list", which could make things easier, noting that prostate cancer is on the presumptive list, but, I dont know if you qualify as far as time in service or not.  

https://www.military.com/benefits/veterans-health-care/disability-compensation-for-presumptive-conditions.html