This is a successful Benzene Jet fuel exposure claim:
It also supports what Jerrel has correctly stated.
The veteran's MOS must clearly show they were exposed to the specific contaminant,(or have buddy statements that are prepared with the proper buddy statement criteria) and then the medical evidence must show their claimed disability due to this type of exposure has no other possible known etiology and is directly due to the exposure.
The claim has to be read in full to understand the decision.Once the flushing syndrome was granted as due to inservice Jet fuel exposure, there were multiple secondary service connected conditions that grew out of the initial exposure decision here.
I wrote an exposure claim years ago for a local vet and used this case as a template. The local veteran had a proven contaminant exposure issue, a form of cancer most likely directly due to the exposure issue,then I found a recent lawsuit award of millions for a non vet who also had this type of cancer due to exposure to the same contaminant as the vet did,exposed in the private sector ,then I proved he had no other etiology at all but for his exposure to cause this type of cancer, and I also attached a Section 1151 claim regarding some botched up surgery the VA gave him for the cancer. It was a very valid claim and he was attempting to get an IMO.
Unfortunately he suddenly died and left no one to continue his claim.Or Sue the VA.
“The Veteran states that he was saturated with jet fuel during
service, and the Board finds his assertion, which is
supported by statements from multiple informants (including
at least one military eyewitness), to be consistent with the
circumstances of his service, which entailed refueling and
defueling military aircraft. Moreover, medical evidence
(including that from the Mayo Clinic and VA Compensation and
Pension examiners) confirms that the Veteran has a flushing
disorder (characterized by flushing in the neck and chest,
swelling of the throat, shortness of breath/difficulty
breathing, and severe fatigue/weakness) and a bilateral
hearing loss disorder; and numerous physicians have opined
that the Veteran's flushing attacks and bilateral hearing
loss may be secondary to his in-service exposure to jet fuel
benzene. Even the independent medical expert concedes that a
link between the Veteran's in-service exposure to jet fuel
and the post-service onset of flushing attacks and hearing
loss is possible. Although a link between the current
Veteran's flushing disorder and service was doubted by the
2007 VA Compensation and Pension examiner, he proffered no
explanation for the Veteran's flushing disorder and related
symptomatology, and simply concluded that the Veteran's
specific case "remained an enigma, an idiopathic
( my note here: Flushing syndrome'is one of many manifestations of jet fuel poisoning.There are numerous symptoms of JP 4 poisoning that can cause chronic and additional disability.)
“The record also contains evidence that the Veteran has
incurred additional disabilities secondary to his flushing
disorder. Medical records confirm that the Veteran's
treatment for his flushing attacks includes systemic
corticosteroids and sometimes subcutaneous epinephrine.
According to the Veteran's endocrinologist, his diabetes
mellitus, hypertension, hyperlipidemia, coronary artery
disease, and osteopenia are attributed to the glucocorticoids
used to treatment his flushing attacks. The Veteran's
pulmonary specialist also opines that the Veteran's diabetes,
hypertension, and coronary artery disease disorders are
secondary to corticosteroids taken for treatment of the
Veteran's flushing attacks; and the record contains no
medical evidence to the contrary. In addition, the
independent medical expert avers that these medications may
have contributed, "at least partly," to the Veteran's
development of sleep apnea; and there is no medical evidence
to the contrary. Accordingly, with resolution of all
reasonable doubt in favor of the Veteran, the Board finds
that service connection for diabetes mellitus, hypertension,
hyperlipidemia, coronary artery disease, osteopenia, and
sleep apnea, secondary to the Veteran's service-connected
flushing disorder, is also warranted. 38 C.F.R. §§ 3.102,
Service connection for a flushing syndrome, characterized by
symptoms that include difficulty swallowing (claimed as
dysphagia); shortness of breath; and severe weakness/fatigue,
Service connection for diabetes mellitus is granted.
Service connection for coronary artery disease is granted.
Service connection for hypertension is granted.
Service connection for osteopenia is granted.
Service connection for obstructive sleep apnea is granted.
Service connection for bilateral hearing loss is granted.”
Edited by Berta, 10 December 2011 - 11:25 AM.