Did I Do The Right Thing?

Cammy · March 12, 2007

I have a relative that is a WWII Vet that never filed for disability. He now is diagnosed with asbestosis. Having read here that so many of you have taken control of your own cases, I helped him fill out the VA claim form, get his DD 214, and documentation from his primary care provider (civilian). We sent his claim package and recieved a letter from the VA saying that they have recieved his claim and will process it.

In talking to the local AMVET rep he tells me that I screwed up. According to the AMVET rep "...the VA will eat him up because he does not have representation". The rep told me that no service organization will take his case and represent him to the VA after the claim is filed. So basically this guy is taking on the VA by himself.

So did I screw up? Is it ok to have filed the claim (this vet could die tomorrow) without a VSO? Is the local VSO just blowing smoke? This VSO has my power of attorney and has filed paperwork for me in the past. Having said that, I sometimes have a better idea what is going on than this guy so my confidence level with this guy is not sky high. To be brutally honest I get the impression that he is paid on commision.

theotherguy · March 13, 2007

I'm not sure I know what you mean by "just calling" and there is no specific form for filing a terminal expedite. What I was suggesting would be more along the lines of a medical statement which provides evidence of the veteran having "terminal status" or maybe even "his prognosis is poor" if the physician is not willing to state that he is terminal.

You could submit this statement with a simple letter from the veteran requesting that his claim be placed on terminal status due to the severity of his disabilities. Now is the time to ask, if anything comes to mind go ahead and fire away. I'm going to do some research on a VA Memorandum that was released a few years ago which provided the Naval MOS's and their likely exposures to asbestos. I'll relay the information to you so that you can use this in combination with your request for a VA examination to be completed ASAP.

I would also highly recommend that he not complete any medical releases to submit to VA. If you have already submitted the private treatment records, this should avoid delays in the processing of his claim. If any new pertinent medical evidence is received, I would highly recommend that you submit it yourself.

After the VA has established a likely exposure to asbestos in service, the only thing that remains is the examination and subsequent rating decision. The memorandum I am speaking of should allow them to avoid any requests for records from the service department which would cause delays in the processing of his claim.

I'll get back to you soon. Shoot me a message if you have questions though.

carlie · March 13, 2007

I brought this over from another website.

carlie

One way to potentially speed up the process is for a member of the veteran's healthcare team to write a letter requesting expedition of the claim based on financial or medical hardship (in some cases, both may apply). Keep in mind that most veterans submitting claims want them to be processed as soon as possible and many ask for expedition of their claims. It may be helpful to specify the nature of the financial or medical hardship for which you are requesting expedition, I'd also try to get a social worker involved.

sixthscents · March 13, 2007

Something you might ask the VA to do is assist you in obtaining the logs associated with the various craft he served on. If you attempt to obtain them yourself and cannot but can get ahold of some of theothers who served on the ship, statement in support of claim stating that asbestos was used etc.. would not be harmful to the claim, and can provide credible evidence.... just look up the ships and see f you can email some of the people who served on them, most ships have a website dedicated to her and her crew....

Ricky · March 13, 2007

Amvets is just blowing smoke. As attorneys do, NSO have their bottom feeders. Sorry but Amvets vets that definition in my opinion. They are simply trying to put fear into people cause they know that if the vets attorney bill passes they will be the first to go as far as membership and donations go. Once again just my opinion.

Berta · March 13, 2007

"I'm going to do some research on a VA Memorandum that was released a few years ago which provided the Naval MOS's and their likely exposures to asbestos"

I posted this here years ago and it should still be at hadit-

This is the MOS list re: Navy that has VA PIES on top of it-

I have asbestos vet - Navy-

His inservice MOS (dont depend on DD 214 MOS for these types of claims) puts him into two areas that VA considers Probable /high exposure.Per the VA PIES list.

His cancer has no known etiology but for asbestos exposure.(we documented that with evidence)

A civilian with same cancer won millions from an asbestos company.(we attached the evidence of that)

AFter service this vet had no occupation whatsoever that exposed him to asbestos or carcinagenics.

(documented that)

I knew the vet didnt smoke but I asked him if-while aboard ship in the Navy- if he smoked 2 thousand cigarettes a day.

He never smoked in the Navy or after it.

I accessed considerable info on his ship-

It had so much asbestos in it they had to send it to coast of Iran and sink it. It could not feasibly be cleaned up of asbestps and re-commissioned.

sent that info to VA also-

And I printed out VA's own recognition of asbestos in Navy ships- sent them that too

and the whole PIES list and the actual occupations this vet had.

He didnt even know he had this potential claim.

His vet rep asked me to help with a 10% Sec 1151 claim he had-

the vet rep was shocked at the potential of the asbestos claim-

100% and SMC is possible- these claims take much time for the VA co-ordinator on that list you mentioned. It helps if the vet details their MOS as to exactly what duties they performed aboard ship.

Oh yeah- dont fail to mention too the sleeping racks were usually all under asbestos covered piping that was throughout the whole ship.

It also pays to search the ship at the BVA to see of they awarded any other vet who served on same ship and claimed asbestos.

Edited March 13, 2007 by Berta

Cammy · March 13, 2007

Thanks Berta for the heads up on the PIES.

The vet I am helping had several ratings (MOS,AFSC) while in the Navy. Of that list he has one probable and two minimal according to the PIES list. OK so now the VA can say that there wasn't significant exposure while in service right? I'll be doing some research on the vessels he served on next.