Did I Do The Right Thing?

[Cammy]

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]

Berta's post identified the memorandum I was talking about earlier. I must say that it is odd that a shipfitter(pipefitter) rating is "minimal" when the pipefitter rating alone is "highly probable." Strange indeed.

I do believe that having a qualifying rating that is determined to be "probable" should still be enough if there is no known post-service exposure to asbestos. I would recommend that you place emphasis on his rating which has been determined to be "probable" and proceeding forward with the expedite request.

Thanks for the assist Berta....I found the memo today but you beat me to the punch :)

[theotherguy]

One other thing....smoking rarely, if ever, will prevent a true asbestos related disease from being granted. It is a medically recognized fact that smoking significantly hastens the disease process and VA adjudicators have this information placed firmly in their training manuals. Ultimately they are not allowed to play doctor...but they know well enough to recognize when an opinion is required from one...