Defense Bill Passage and Bladder Cancer

[rebabevets]

I already get compensation for bladder cancer for Camp Lejeune Water issue, now that it is added to Agent Orange does it mean that the VA should pay me the difference between Camp Lejeune and 1992 when I retired from the Marine Corps or do I have to re-apply for it for Agent Orange, or will the VA look at at current cases already receiving bladder cancer compensation. I’m considered 100% Disabled Permanently 

[Carl the Engineer]

https://www.wolfandbrown.com/tag/pfas/

425 military bases....

Hamslice

 

[Berta]

It would help if a moderator  could move your question to it's own thread, so that others will read it.

I assume your MOS was Firefighter.

My search at the BVA pulled up 31 decisions. for PFAS,  I have not read them all but even the denials will help you determine what you need as evidence:

https://www.index.va.gov/search/va/bva_search.jsp?QT=PFAS&EW=&AT=&ET=&RPP=10&DB=2021&DB=2020&DB=2019&DB=2018&DB=2017&DB=2016&DB=2015&DB=2014&DB=2013&DB=2012&DB=2011&DB=2010&DB=2009&DB=2008&DB=2007&DB=2006&DB=2005&DB=2004&DB=2003&DB=2002&DB=2001&DB=2000&DB=1999&DB=1998&DB=1997&DB=1996&DB=1995&DB=1994&DB=1993&DB=1992

This is a PFAS award

"ORDER

Entitlement to service connection for renal cell carcinoma is granted.
https://www.va.gov/vetapp21/files2/a21003241.txt

This February 2012 decision holds the key elements to proving SC for any specific disability that was caused by chemical retardents.

The above veteran's MOS was Fireman.
"In May 2020, Dr. B.M., a professor and VA oncologist, opined “it is more likely than not that [the Veteran’s] exposure to perfluorooctanoic acid (PFOA) and perfluorooctanoic sulfonate (PFOS) caused his renal cell carcinoma.”  See May 2020 Dr. B.M. medical opinion.  As rationale, Dr. B.M. noted the Veteran “had very extensive exposure to PFOS and PFOA” during his Naval service “as a fireman.”  Id.  He cited to Environmental Protection Agency (EPA) technical reports citing “PFOS and PFOA may cause cancer” and noted epidemiological studies found associations between PFOA exposure and cancer of the kidney.  Id.  The Board finds this opinion highly probative as he reviewed the Veteran’s pertinent medical history, lay statements, and provided a rationale backed by medical evidence."
The veteran had a strong medical opinion from a VA oncologist who also referred to literature supporting the claim.His or her opinion was based on expertise as an oncologist that the C & P doctors did not have.
It is unusual to obtain a strong medical opinion from a VA doctor, that was negated by 2 other VA medical opinions.
But VA tried to pull that on me years ago and the VACO  Cardio opinion I got  outweighed every attempt by VARO C & P doctors to go against the claim.
These types of claims need a strong Independent Medical Opinion, or IME ( Independent Medical exam) and the veteran must have a disability that the PFAS exposure could cause. The opinion must conform to the IMO./IME criteria here at hadit in that specific forum.
There is probably recent medical literature ,(if you google PFAS) that involves PSAF and exposure problems. There are different versions of how PSAF is referred to-it even can stand for some type of allergy but I think you meant a fire retardent disability.

 

 

[Berta]

This law firm is representing female firefighters in lawsuits for PFAS:

https://www.dolmanlaw.com/female-firefighters-afff/

I was surprised to read this:

"Studies looking for PFAS exposure rates among firefighters have predominantly focused on males. “This is the first study, to our knowledge, that’s been done on [specifically] women firefighters” said by Rachel Morello-Frosch, a professor of environmental science, policy, and management at UC Berkeley and senior author of the study."

I was with the local volunteer fire department for 8 years, in their auxiliary, and we had one female firefighter and the other closest volunteer fire department had 3 women. It is not unusual here in rural NY. 

My daughter, before she joined the military, was a volunteer junior firefighter, and tee were 3 other young teenage girls who also were junior fire fighters.

It has become difficult to get more young people to join our local fire departments. They would learn so much  and it also looks good on a job resume, to show they have done community service.

 

 

 

[Berta]

https://patch.com/texas/dallas-ftworth/toxic-pfas-found-dallas

I Googled NAS Dallas PFAS Contamination and a lot popped up:

https://www.google.com/search?q=NAS+Dallas+PFAS+Contamination&rlz=1C1CHBF_enUS695US695&ei=k6ybYP3FOoTNtQadiYDoCw&oq=NAS+Dallas+PFAS+Contamination&gs_lcp=Cgdnd3Mtd2l6EAwyBQghEKsCMgUIIRCrAjIFCCEQqwIyBQghEJIDMgUIIRCSAzIFCCEQkgMyBQghEJIDMgUIIRCSAzIFCCEQkgM6BwgAEEcQsANQ3yRY6FBgxmdoAXADeASAAZgaiAG-WpIBBTgtNS4xmAEAoAEBoAECqgEHZ3dzLXdperABAMgBCMABAQ&sclient=gws-wiz&ved=0ahUKEwi929Kw9sPwAhWEZs0KHZ0EAL0Q4dUDCA4

Also many years go our fire department had to change their gear because their had been too much asbestos in the older gear.

https://www.asbestos.com/veterans/air-force/

When my daughter graduated from Lackland, (USAF Intel) we went right over to their base fire department to get a tour- here in NY once a member of a Fire Dept-you are  ALWAYS a member!

Her unit had duty to water the palm tress next to the evergreens-on the base and she was the only airman who knew how to properly handle and retract the fire hose.

 

 

 

[MostDaysIhavenoidea]

On 5/11/2021 at 4:30 PM, Jocelyn Medlock-Price said:

Is anyone here familiar with base NAS Dallas PFAS Contamination?  I'm suffering from the effects of that contamination but all of my claims were denied except high blood pressure.  I need andvice and help on appealing this decision. 

Aviation related occupation or firefighter ?

AFFF (aqueous film forming foam)used by firefighters, often on the flight line and boats. Apparently that's kinda a big deal. I was told firefighters where instructed to swim in the stuff as part of their training.

Anyways, if your MOS is one which would predispose you to that stuff seems like you should bring that to the attention of the provider or make sure it's somehow uploaded in your additional evidence as to how your occupation caused your exposure; like "My MOS as a firefighter required I swim in AFFF as part of my required training" or " I was on the flight line when some ID10T decided to mess with the giant fire extinguisher and I was covered in the foam stuff" exposed by direct skin contact, breathing/respiratory, swallowed/GI, mucous membranes of eyes/nose/mouth

[Lemuel]

I do not think a diagnosis that did not show disabling affects can produce an EED.

I claimed Agent Orange in 1984 but had no disabling affects.  I had PTSD from other causes than being sprayed and unable to decontaminate.  I also had a TBI diagnosed in the physical examination at that time.  Result, 30% traumatic brain disease because you could not have two mental diagnosis for the same symptom condition.  Others got 50% PTSD for Agent Orange contamination because of the high incidence of cancer showing up in those exposed who were unable to decontaminate.

The director of mental health at the LA downtown VA clinic nixed my diagnosis of PTSD and tried to nix compensation at all stating I had an adjustment disorder anxiety attack overruling the examiner's diagnosis of PTSD.  My appeals went nowhere.  Still trying a CUE but do not expect much.  The higher rating is supposed to be applied in that circumstance.  Not having it applied created a hardship which made my mental condition worse at the time.  Having to ask my wife to avoid pregnancy because I was not being able "to provide."

I am going to argue that Noah v McDonald (attached) applies as a denial of due process.

I also have bladder cancer, not malignant but aggressive, with symptoms from 11/15/2020 or possibly from 02/28/2020.  I expect service connection from AO or being treated by the VA with Zantac AKA Ranitidine, with a known cancer causing ingredient, for 11 years for acid reflux.  I entered a new claim under both AO and 1151 for the bladder cancer.  Will not do anything financially, but may raise my rating to PT 100% combined from the 80% current combined rating.  Does affect state benefits such as a hunting license free on my choice of area with an allowed nephew to do the hunting using my license and me only being at the camp if I am able to be there.

My TBI was rated at 0% but service connected in 1974.  1984 30% traumatic brain disease (no organic personality disorder) and 1985 an extra-schedular TDIU from 1985 at 100% in a 2020 decision from the Director of Compensation Services on a remand from the BVA because my 1987 extra schedular claim had not been processed.

I am hoping to get a 50% TBI temporal lobe epilepsy rating from 1974 because of my employment difficulty ultimately resulting in ultimate unemployability because of my employment record except for part time work which I ultimately had to give up even trying to work.  This will also be a "denial of due process" because the VA did not follow regulations in diagnosing temporal lobe epilepsy.  No 38 CFR 4.42 injury examination in 1974. Combined with an EED for organic personality disorder and the failure to give me a hearing difficulty diagnosis of tinnitus (in my Navy health record) would result in a "denial of due process" increase from 0% to 80% which would raise my income to approximately what it should have been in that period if I had been able to maintain employment, provide savings and purchase a residence.

There is also the failure of the VA Medical Division in diagnosing "anosognosia" (look it up, it may apply to you) because it is not in the DSM-5.  It is in the DSM-5 under the diagnosis of "organic adjustment disorder" with the addition of "-subtle anosognosia".

I believe the VA avoidance of the neurological diagnosis of anosognosia is the greatest cause of the high combat veteran suicide rate.  It feels like a demon within that sabotages your productive efforts and simple daily relationships.

I have a neurologist who has offered to write an IMO.  Waiting for that.  He is treating me for my temporal lobe epilepsy which is not as obvious as grand mall epilepsy.

1 Noah v McDonald 5th due process.pdf