Asbestos claims

[Turdchaser]

Going before the BVA at the end of March. Was service connected for asbestosis right away but was given 0% compensation . On my C/P exam my FEV  was 42% .....any one else out their struggling with these knuckleheads

[mack13]

On 2/11/2019 at 3:26 PM, Turdchaser said:

Going before the BVA at the end of March. Was service connected for asbestosis right away but was given 0% compensation . On my C/P exam my FEV  was 42% .....any one else out their struggling with these knuckleheads

OK, first of all, I'm confused. FEV (FEV1) does not even come into play in rating an asbestosis (SC 6833) claim.  The numbers the VA is going to look at on a claim for asbestosis are: FVC and / or  DLCO .  You can find those claims in the respiratory ratings schedule here: Title 38 → Chapter I → Part 4 → Subpart B → §4.97.  If your numbers for FVC or DLCO were higher than 80% on either one of those, then a 0% rating would be warranted. After all, they can only use the evidence which you have; submitted, in your SMR, SR, and VA exams. So, what were your FVC and DLCO numbers?

[broncovet]

Zero percent is VA's favorite number.  I fought VA for hearing loss service connection for 2 years at the Board.  So the board awarded and agreed with me.  The VARO "implemented" it at zero percent.  Of course, my friendly VSO suggested not appealing, after all, I could be reduced, right??  

Most of us have been through it.  Most important:  File a timely appeal to every decision you dispute.  Waiting over a year, means you have to meet the onerous CUE standard of review, unless you have new and material evidence, 38 cfr 3.156 b or 3.156 C.  

[Turdchaser]

I am sorry Mack13 I meant my fvc was 42%

[mack13]

At 42% FVC, You should be rated at 100% for asbestosis. Did the decision letter letter from the VA explain why they didn't rate you higher than 0%? You did say that you were service connected, so I don't understand why you would not be rated at 100.

[vetquest]

@Turdchaser, can you redact and include your denial?  This gives us somewhere to start when we recommend a course of action.

[Turdchaser]

Well I am not that computer savvy. I was service connected right off the bat for asbestosis

(calcified pleural plaques bilaterally) . On c/p exam fvc was 40percent with restrictive function.was rated at 0  percent and it stated because I didn't have pleural effusions at a rate that was compensationable. Filed NOD stating pleural effusions are not the diesease I have.Just had my BVA hearing in March after 4 years of fighting. I was a welder in the navy.......ate asbestos all the time ....it was everywhere....I am well schooled on asbestos claims and have read every claim that went before the BVA back to 1994. If I can be of help just holler.