jessie0054 Posted March 24, 2007 Share Posted March 24, 2007 Received the Rating Decision on my son's Claims for Cancer and Polycythemia Vera. As expected the Claim for Cancer was denied. However the Claim for Polycythemia Vera due to Benzene Exposure is awarded!!!! Sad part is the Rating at 0% . Resons said that the desease is in Remission and not active!!! Guess they didn't countthe ER Report that he has just had a Phlebotomy in November 2006. Not Sure where to go from here?? NOD , ask for a reconsidersation or Ask for an increase and send new evidence that's shows hes still active and receiving Phelbotomies as treatment?? Jessie Link to comment Share on other sites More sharing options...
jessie0054 Posted March 25, 2007 Author Share Posted March 25, 2007 Hoppy: Yes, These were part of the Original Claim under Jet Fuel/ Benzene Exposure. Jet Fuel and it's componets can cause Central Nervious System damage including Behaval Changes, Anxiety, Depression to mention a few. of which he has all of. I also know a couple more Veterans with PV who claim Bi Polar disorder is a part of PV. I have never checked this out. But Could be i guess!! I beleive he also has a couple more Secondary conditions that could be claims one is Gerd. Were the cognitive (thought) problems listed on the original claim? Have you seen any explanation in the medical literature of the cognitive problems being found in association with PV. If not you might consider notifying the RO that this is a secondary condition that was not addressed. The reason I am calling it secondary is based on the assumption that the literature does not say that it is a direct result of the disease. The cognitive problems could be a stress disorder found in association with the PV. A think in this event a shrink would need to get involved. Maybe the RO will schedule a C&P with a shrink. maybe you will neeed to get an IMO. The doctor who treated me after a traffic accident that resulted in my having surgery was of the opinion that any disease or injury is capable of spawning a stress disorder. It is a question of how the stress disorder resolves. Considering that PV is a chronic disease that has a great potential to be fatal that a chronic stress disorder could be found in association with PV. Link to comment Share on other sites More sharing options...
jessie0054 Posted March 25, 2007 Author Share Posted March 25, 2007 Vike17, Where do i find this Citation??? If you have "new" evidence the VA did not have before them when they made their prior decision, then you should submit that "new" evidence and ask them to "reconsider" their prior decision. In the request for a "reconsideration" you can cite M21-1MR, Part 3, subpart 2, section E, §20©. Link to comment Share on other sites More sharing options...
Berta Posted March 25, 2007 Share Posted March 25, 2007 "He was given a 0% rating" That is an outrage! This vet had 30% polycythemia vera: http://www.va.gov/vetapp00/files3/0027275.txt But- he had cerebral occlusion -basically a stroke that PV medicaltions and proper assesssment of CBCs is supposed to prevent- "Consequently, based on the evidence of record, the Board concludes that the evidence of record supports a finding that the veteran had a cerebral occlusion in 1980 due to his polycythemia, and that this resulted in the onset of his tinnitus. Accordingly, his claim of entitlement to service connection for residuals of a cerebral occlusion is granted." Also this case contains: "As noted earlier, an August 1990 statement by the veteran's treating physician affirmatively related his enlarged spleen to his polycythemia, and the record contains no evidence contradicting this opinion. Accordingly, the veteran has satisfied the criteria for a claim of entitlement to service connection for a spleen disorder, identified as an enlarged spleen, and his claim therefor, is granted" Showing how this condition can affect the spleen as well as brain. The veteran here also raised the fact that there was potential SC for tinnitus as related to the brain thrombosis that came from the SC PTV- Very interesting case- The BVA awarded the above two conditions- speen and brain- and remanded for TDIU consideration. THANK YOU- I saw things in this BVA case that I accessed to help you- and now I have some stuff to help a vet I know------ he has hepatoslenomyopathy- and VA never has treated it. We couldn't find the etiology for it but now maybe we can- Is you son working or does this condition prevent employment- sorry I forget if you answered that before- this BVA case has the rating schedule for PTV and this vet is remanded for TDIU consideration which the evidence shows is highly probable award. GRADUATE ! Nov 2nd 2007 American Military University ! When thousands of Americans faced annihilation in the 1800s Chief Osceola's response to his people, the Seminoles, was simply "They(the US Army)have guns, but so do we." Sameo to us -They (VA) have 38 CFR ,38 USC, and M21-1- but so do we. Link to comment Share on other sites More sharing options...
jessie0054 Posted March 25, 2007 Author Share Posted March 25, 2007 Hi Berta: "He was given a 0% rating" Yes, That's what they rated him as 0%, Because they think he is in remission!! Clearly not so since he is again having problems with his HCT levels THANK YOU- I saw things in this BVA case that I accessed to help you- and now I have some stuff to help a vet I know------ he has hepatoslenomyopathy- and VA never has treated it. We couldn't find the etiology for it but now maybe we can- Check out this sight, PV isn't the only condition here that might cause thses Conditions <http://www.mpdinfo.org> I believe there must be other Veterans out there with these disorders and have gone undiagnosed because the VA has their Lab Standard set too high to avoid diagnosing. These Vets are walking around sick but don't know whats wrong since the Blood Work is " Within Normal Limits" Is you son working or does this condition prevent employment- He is working and thankfully he has a very understanding Boss. Most days he can bearly draw himself around because of the extreme Fatique this condition causes, More so when he is in a state of Amemia. So if he's really starting to drag and his concentation go's bad or he just can't seem to function his boss tells him to go home for a couple hours and rest. With out this dear man watching out for him i'm sure he would be out there on the street because not many bosses would understand. sorry I forget if you answered that before- Jessie Link to comment Share on other sites More sharing options...
Objee Posted March 25, 2007 Share Posted March 25, 2007 Jesse, Without medical insurance, competent treatment may still be possible if you can find a university's school of medicine or non-profit that is conducting studies of ailments like your son has. Haven't researched this myself, but you should be able to find pro bono help in this fashion. Ralph Link to comment Share on other sites More sharing options...
gdsnide Posted March 25, 2007 Share Posted March 25, 2007 Jesse, Without medical insurance, competent treatment may still be possible if you can find a university's school of medicine or non-profit that is conducting studies of ailments like your son has. Haven't researched this myself, but you should be able to find pro bono help in this fashion. Ralph Sorry to hear it's business as usual with but U did get 0% SC. So, now U are eligible for fre life insurance. Check it out. gdsnide Link to comment Share on other sites More sharing options...
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jessie0054
Received the Rating Decision on my son's Claims for Cancer and Polycythemia Vera.
As expected the Claim for Cancer was denied.
However the Claim for Polycythemia Vera due to Benzene Exposure is awarded!!!!
Sad part is the Rating at 0% . Resons said that the desease is in Remission and not active!!!
Guess they didn't countthe ER Report that he has just had a Phlebotomy in November 2006.
Not Sure where to go from here??
NOD , ask for a reconsidersation or Ask for an increase and send new evidence that's shows hes still active and receiving Phelbotomies as treatment??
Jessie
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