VA disability claim

[tmlink]

What is the name of your state? North Carolina
The first VA claim I filed was denied. (5 years ago) Had to work for a living instead of sitting in a medical office. Re-filed claim recently with a new claim for chemical exposure. (Worked with fuels and other chemicals for 20 years) Recently came into possesion of an OSHA document describing majority of my disabilities as benzene exposure. I have copies of my military medical records. Reported majority of my disabilities during occupational physicals. Doctors never referred for problems just wrote notes.
My questions: Are there agencies that can assist with the claim?
Several old retirees had to get lawyers, what type of law is this?
Will this new claim be swept under the carpet as the old one has?

[rmet4nzkx]

Was your entire exposure to this chemical while in the military?

[tmlink]

Yes , PoL 5 years, 14 1/2 years acft fuel systems

[rmet4nzkx]

Please explain in English the facts, including your proof of disability claim etc. We are not mind readers.

[tmlink]

I am trying to be compensated for the physical problems caused by benzene exposure. I was not a troop who lived at the clinic on a daily basis. I sucked up all injuries and continued to work for the mission. After retirement, disabilities with head aches, skin rash, ulcers, eyesight problems are continuing to get worse. I have registered in at a VA hospital, and am receiving some treatment. Other disabilities are a degenerative lower back, and joint problems are inhibiting my civillian job performance.
I just want to know what the next recourse is when the claims come back denied! I have four service connected disabilities rated at zero percent, and four non-service connected disabilities. Two of which I am trying to make service connected. This is a public forum. I will not give any more personal information. Just looking for suggestions!
Thank you

[rmet4nzkx]

We don't need personal information, be we do need facts.
You have to tell us what happened.
The problem is if you didn't report to sick call how do you prove your injury occured while in the military? If you have disabilities rated at 0% that will be difficult to overocme.
Your "disabilities" "disabilities with head aches, skin rash, ulcers, eyesight problems are continuing to get worse" are subjective, what are the objective clinical findings, are they in your military medical records?
Have you applied for social security disability or worker's comp?

[tmlink]

Yes I know I need to provide burdon of proof. During Occupational Health Physicals, surveys were filled out by each individual being tested. I mentioned area's of concern in writing on the occupational physical. Unfortunetly, the mention of these problems were never referred or followed up by the doctors. According to the OSHA benzene document, the medical perple were to pull out of duty and check or observe the problems identified. This never occured.
Back in the 70's respirators and personal protective equipment were not available, or were substandard to todays standards. In aircraft fuel systems as well as petrolium oils and lubricants, exposure to fuel was constant. Correlation between the areas of pertective equipment I have proof of.

[rmet4nzkx]

Have you been tested for exposure, blood tests, hair tests? I once had a client, a Trucker constantly exposed to haz-mat and claiming disability, after several hospitalizations and finally testing for exposure to toxins proved negative even though one would expect some exposure, in fact lead levels were lower than normal! It was clear that he was malingering.
Without timely and specific reporting and appropriate follow up while in the military, baring any objective clinical findings or expert testimony or association with a class action of affected VETS, it will be difficult to prove anything and risk being labled, a malinger. Now if you can get OSHA to take action or help form a disabled VET group, I see your chances better in the civilian world if you still work in the same field.

[tmlink]

I expect to be re-evaluated with the VA claim that I just submitted last week. I am prepared to go through an appeals process if testing is not done correctly, per your definitions. Thank you for the interest and area's that should be tested. One thing, according to OSHA, I should have been given physicals after job termination,"because occupational exposure to benzene may cause diseses of prolonged induction-latency the need for medical surveillance may extend well beyond termination of employment". This is the grey area to which I asked about during my retirement briefings, the reply was always the same, first I must get a VA disability rating. No one has offered to continue to perform Occupational physicals due to the above. Seems like I may be getting pushed aside according to the DAV.

[jessie0054]

Originally Posted by tmlink

I expect to be re-evaluated with the VA claim that I just submitted last week. I am prepared to go through an appeals process if testing is not done correctly, per your definitions. Thank you for the interest and area's that should be tested. One thing, according to OSHA, I should have been given physicals after job termination,"because occupational exposure to benzene may cause diseses of prolonged induction-latency the need for medical surveillance may extend well beyond termination of employment". This is the grey area to which I asked about during my retirement briefings, the reply was always the same, first I must get a VA disability rating. No one has offered to continue to perform Occupational physicals due to the above. Seems like I may be getting pushed aside according to the DAV.

Hello:
I am curious about the outcome of you VA Claim for exposure to Benzene while in the Military.
My son served in the Navy between 1989-1992 and was an Aviation Structural Mechanic and was exposed to Jet Fuels daily during refueling of the helicoptors and Mechanical duties.
In 2002 he was diagnosed with 2 very rare cancers, [1] a very rare cancer of the Appendix and [2] A Bone Marrow disorder called Polycythemia Vera. His Cancer of the Appendix is in Remission and a so called remission of the Polycythemia Vera.
He has claims now pending with the VA on the above now nearly a year old.
He also has Degenerative Disk Diease of the spine. He is only 35 years old.
I would be interested in any research materials about Benzene you might have that will help with his claims.
Thank You,
Jessie