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Abestos Lung Desease And Copd


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10 replies to this topic

#1 rickj55

 
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Posted 04 February 2011 - 11:18 AM

Hello all,
I was just recently awarded a 30% disability due to asbestos exposure while on active duty. This came after a denial of my claim which was overturned by a DRO. My problem is in the award it stated my condition warranted a 60 %, but was reduced to 30 because I have COPD as well. My VSO told me they can't do that, that the 2 conditions are "inextricably intertwined" and I should be rated for both. Any one have the evidence I need to fighyt this further? Also in the original statement made by the examiner he stated I told him I was not on oxygen theraphy. This was not true I told him I was. What should I do?

#2 Pete53

 
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Posted 04 February 2011 - 11:30 AM

If it was my claim I would get a medical opinion that refutes the DRO and also ask for a review cause of the inaccurate information including any paper work that shows you actual condition and use of oxygen.

I would also ask your VSO to help.

Welcome to Hadit

#3 jbasser

 
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Posted 04 February 2011 - 12:18 PM

Hello all,
I was just recently awarded a 30% disability due to asbestos exposure while on active duty. This came after a denial of my claim which was overturned by a DRO. My problem is in the award it stated my condition warranted a 60 %, but was reduced to 30 because I have COPD as well. My VSO told me they can't do that, that the 2 conditions are "inextricably intertwined" and I should be rated for both. Any one have the evidence I need to fighyt this further? Also in the original statement made by the examiner he stated I told him I was not on oxygen theraphy. This was not true I told him I was. What should I do?

Here is the reg you need to use: That decision was flawed.


3.383 - Special consideration for paired organs and extremities.

(a) Entitlement criteria. Compensation is payable for the combinations of service-connected and nonservice-connected disabilities specified in paragraphs (a)(1) through (a)(5) of this section as if both disabilities were service-connected, provided the nonservice-connected disability is not the result of the veteran's own willful misconduct.



Read more: http://cfr.vlex.com/...7#ixzz1D11IwLA1

Basser

#4 mrs rockman (widow of vet)

 
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Posted 04 February 2011 - 12:40 PM

Hello all,
I was just recently awarded a 30% disability due to asbestos exposure while on active duty. This came after a denial of my claim which was overturned by a DRO. My problem is in the award it stated my condition warranted a 60 %, but was reduced to 30 because I have COPD as well. My VSO told me they can't do that, that the 2 conditions are "inextricably intertwined" and I should be rated for both. Any one have the evidence I need to fighyt this further? Also in the original statement made by the examiner he stated I told him I was not on oxygen theraphy. This was not true I told him I was. What should I do?


Good Luck. My husband is on oxygen therapy on exertion and at night. He has pulmonary fibrosis and was exposed to agent orange. He also has Asthma. I wish they would recognize this. They did the IHD with AO, but not the lung disease.

Can you apply for Asthma with an agent orange connection?
He has also applied for PTSD. I have seen somewhere that some have said that there might be a link between Asthma and PTSD, but I really do not know.. It was not on this site, I do not think.
Mrs. Rockman

#5 jbasser

 
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Posted 04 February 2011 - 02:18 PM

Asthma is a lung condition. This is a question of the following?

The Veteran in this case has a service connected lung condition and another lung condition non service connected. They took away half of the rating because they decided they could. Well, they cannot do what they did to this vet.

You may be able to file a claim for the asthma aggravating your husbands IHD. Check into it.

Hope this helps.

J

#6 Berta

 
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Posted 04 February 2011 - 02:26 PM

John can you expand on that?

Are you saying the lungs are a paired organ?

This vet must fight this decision-they are probably saying the COPD and any lung problems are not related but the VSO is right- they are "inextricably interwoven." ( COVA legalize) and the asbestos disability Must be aggravating the COPD unless somehow the COPD was diagnosed prior to the asbestos Problem???

#7 jbasser

 
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Posted 04 February 2011 - 03:09 PM

TITLE 38 - PENSIONS, BONUSES, AND VETERANS' RELIEF

CHAPTER I - DEPARTMENT OF VETERANS AFFAIRS

PART 3 - ADJUDICATION

3.383 - Special consideration for paired organs and extremities.

(a) Entitlement criteria. Compensation is payable for the combinations of service-connected and nonservice-connected disabilities specified in paragraphs (a)(1) through (a)(5) of this section as if both disabilities were service-connected, provided the nonservice-connected disability is not the result of the veteran's own willful misconduct.

(1) Blindness in one eye as a result of service-connected disability and blindness in the other eye as a result of nonservice-connected disability.

(2) Loss or loss of use of one kidney as a result of service-connected disability and involvement of the other kidney as a result of nonservice-connected disability.

(3) Hearing impairment in one ear compensable to a degree of 10 percent or more as a result of service-connected disability and hearing impairment as a result of nonservice-connected disability that meets the provisions of 3.385 in the other ear.

(4) Loss or loss of use of one hand or one foot as a result of service-connected disability and loss or loss of use of the other hand or foot as a result of nonservice-connected disability.

(5) Permanent service-connected disability of one lung, rated 50 percent or more disabling, in combination with a nonservice-connected disability of the other lung. (
b) Effect of judgment or settlement. (1) If a veteran receives any money or property of value pursuant to an award in a judicial proceeding based upon, or a settlement or compromise of, any cause of action for damages for the nonservice-connected disability which established entitlement under this section, the increased compensation payable by reason of this section shall not be paid for any month following the month in which any such money or property is received until such time as the total amount of such increased compensation that would otherwise have been payable equals the total of the amount of any such money received and the fair market value of any such property received. The provisions of this paragraph do not apply, however, to any portion of such increased compensation payable for any period preceding the end of the month in which such money or property of value was received.

(2) With respect to the disability combinations specified in paragraphs (a)(1), (a)(2), (a)(3) and (a)(5) of this section, the provisions of this paragraph apply only to awards of increased compensation made on or after October 28, 1986.

© Social security and workers' compensation. Benefits received under social security or workers' compensation are not subject to recoupment under paragraph (b) of this section even though such benefits may have been awarded pursuant to a judicial proceeding.

(d) Veteran's duty to report. Any person entitled to increased compensation under this section shall promptly report to VA the receipt of any money or property received pursuant to a judicial proceeding based upon, or a settlement or compromise of, any cause of action or other right of recovery for damages for the nonservice-connected loss or loss of use of the impaired extremity upon which entitlement under this section is based. The amount to be reported is the total of the amount of money received and the fair market value of property received.



Read more: http://cfr.vlex.com/...7#ixzz1D1iGe4kH

Edited by jbasser, 04 February 2011 - 03:09 PM.


#8 militarynurse

 
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Posted 31 March 2011 - 06:15 PM

Any decisions showing that COPD and a heart condition are "inextricably interwoven"?

#9 jbasser

 
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Posted 31 March 2011 - 07:22 PM

Any decisions showing that COPD and a heart condition are "inextricably interwoven"?


They do go hand in hand, however they are not considered inter twoven, A person who has one condition Service connected and the other one NSC needs to get a doc to state the aggravation of each to each other.

J

#10 militarynurse

 
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Posted 31 March 2011 - 08:54 PM

Thanks J, That's good advice.

#11 retiredat44

 
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Posted 31 March 2011 - 09:52 PM

If it was my claim I would get a medical opinion that refutes the DRO and also ask for a review cause of the inaccurate information including any paper work that shows you actual condition and use of oxygen.

I would also ask your VSO to help.

Welcome to Hadit


I had a weird experience with lung problems..

I had pnumonia in the usaf and was hospitalized..
onc eina while I would complain to my doctors after I left the USAF about breathign issues shortness of breath..
I chalked it up to intestinal disease cuaind secondary issues..


I never put it in a claim..
my claim has always been chemical exposure, intestinal disease, and neurolgicial disease..

but, when I was hospitalized for the removal of a pancreas syct, I developed lots of othe rproblems..

for at least 2 months I had to breath into a tube to expand my lungs and they x-rayed my lungs at least once a day for 2 months, maybe more while I was an inpatient and confined to a bed for 6 months.. in the VA hospital with lots of blood infections, pancreas, etc..etc... they (the doctors and surgeons) kept grilling me eveyr day asking what I had worked with and what i was exposed too.. they told me I had spots growing in my lungs..)

a couple months later they told me the spots were o longer showing up...

keep in mind I was also getting lots of cat scans and mri's for the pancreas too..
I was not able to move on my own so they tried to do most in my hospitla bed but often I would be wheel into the x-ray dept.

I stil have no clue what happened with these lung problems, and after six months they no longer were concerned with my lungs..
gotta tell ya, it was very bizarre and they were very pushy when they wanted to know what was in my lungs..
I could only tell them my usaf jobs and was unaware about asbestos etc.... only what my jobs were..

btw, my father died of COPD,, he was a disabled Navy vet. he served at Hawai and the Marshal lIsland during Korea..
he smoked 2 packs a day and they still gave have him 100% disability without having to appeal.. they just gave him 1 exam.. he never went to one doctor during his whole life and I knew him until his death at age 62..

Edited by retiredat44, 31 March 2011 - 10:11 PM.