Comp Exam by QTC medical services for Asbestosis

[derenick52]

Hey All,Had a Comp exam last February by QTC Medical services for Asbestosis claim which was Denied,Requested a Copy of exam Twice from Wisconsin since March with No Copy yet,Contacted Dav and they where able to obtain One for me a few days ago-When I went in for exam Doctor Informed me that the VA had NOT sent him any Medical records at this time and Was On my way in a few minutes,Claim was Denied-Comp Exam stated 1. There was a IN Person exam-False Like when was that exam,2.Am ON Outpatient Oxygen therapy-False 3. Stated I have NOT had any Pulmonary function tests-False-Have had about a dozen from the Va and Private Doctors.4.NO Asbestos exposure-both ships I was on had Asbestos everywhere, 2 of my Best friends have died from Mesothelioma,large amount of my exposure was from them-Both Machinist mates,besides sleeping with asbestos in my face for 2 yrs.The DAV service officer informed me yesterday a Veteran CANNOT be Awarded A Asbestosis claim Without a LUNG Biopsy,Does anybody here know if that is TRUE-? Any Input greatly appreciated,Thank you

[AllTheWay]

Did you file an appeal? Usually when a decision is made, they state that they have reviewed all medical files. In your case, you have stated that they did not law with your c&p exam. Look carefully at your decision letter in the evidence section.

[kanewnut]

I did a search on "VA Asbestosis claim". It came up with several articles. One specifically states "Asbestos Diseases Recognized by the VA - Asbestosis". Maybe you could do the search and see if you can find anything helpful.

[jbasser]

What ships were you on? When were you on them? You may have to have a Biopsy. But first ask why you did not get a High Resolution Cat Scan. or HRCT.

It may also boil down to the exact type of Asbestos used onboard your ships. 

You may want to dig up your Navy Performance Evaluations and look on the back page of each one of them.

 

 

[Berta]

You asked ."The DAV service officer informed me yesterday a Veteran CANNOT be Awarded A Asbestosis claim Without a LUNG Biopsy,Does anybody here know if that is TRUE-? Any Input greatly appreciated,Thank you"

Ask him for a copy of that regulation-I have worked with many asbestos vets and never heard that one before----but he could be right-  

 

https://www.va.gov/vetapp19/files10/a19001807.txt

 

This veteran claimed exposure to asbestos while working on planes in the military and also was part of an apparent Mesothialioma lawsuit-

this recent case contains a lot of info regarding M21-1MR and ultimately contains the award for service connection:

 

"Accordingly, the Board finds the evidence at least in equipoise as to whether the Veteran’s in-service asbestos exposure is linked to his mesothelioma. Consequently, the criteria for service connection are satisfied. See Holton, 557 F.3d at 1366; Gilbert, 1 Vet. App. at 55; 38 U.S.C. § 5107.

https://www.va.gov/vetapp19/files11/19186061.txt

This is a remanded Blue Water Navy claim.

 

However it was remanded for more info on the asbestos claim.

 

There are 19,944 BVA decisions on asbestos claims from 1992 to 2020, and 1,345 of then were deisions this year.

 

We also have dealt with asbestos  questions here= and the regulations are available here under a search.

I can find more info for you if you can scan and attach the VA's last denial, to include the Evidence list and their rationale for the denial.

It sounds like the C & P exam was not valid at all.

The last C & P exam the VA did on my husband was a mess ( they denied and then awarded 3 weeks later when I filed a CUE, The C & P examiner said it was an 'inperson exam" and my husband had been dead by then for over 20 years. I won the CUE=not on that error but on the estanlished medical record and the VACO  medical opinion they did that awarded my FTCA wronfgul death case.

Please cover your C file $, name, address ,prior to scanning the decision.

https://www.va.gov/vetapp20/files3/20019577.txt

 

This is a granted asbestos claim, and they identify the claimant as the "appellant", meaning his widow filed this claim.

We have lots here on this type of claim but we need more info
 

[Berta]

I only found so far, one asbestos vet at the BVA who had a lung biopsy:

"This veteran had a lung biopsy by the Mayo clinic but " The report notes that a specific diagnosis of the needle biopsy was unable to be made. The Veteran underwent a lung wedge resection of the nodule which revealed an old " etc."

 

His claim was denied ,

https://www.va.gov/vetapp16/Files1/1605020.txt

 

The DAV SO might be right but he needs to back that up-

because I assume you do have a firm diagnosis of asbestosis and/or mesothelioma.

 

[jbasser]

For the purpose of Asbestos, here is the Navy's Asbestos Pies list. It requires MS excel or excel reader to open. 

asbestospieslist.xlsx