Dear Jim,

I found you on the internet. I served in the US Navy for 4 years active duty and two years in the reserves. I was an Aviation Hydraulic Mechanic. Back in 1983 my squadron returned from a lengthy 9 month cruise. During that cruise I worked on the flight deck in the line division. I was responsible for recovering and launching my squadrons aircraft as well as servicing them. I escaped near death on three occassions because of aircraft crashes and one instance where an arresting cable snapped killing many right next to me.

All of these episodes have affected me over the years, nightmares, restlessness, constant memories and guilt for being the survivor. When we returned to our air base a Hurricane came in. They mustered the duty section and had us hurriedly gather the aircraft into the hangar. I was positioning a tow bar when the fellow on the tug placed it in reverse and floored it. I narrowly escaped death again but my left hand was severely crushed by the tow bar ring and the aircraft. I was immediately airlifted to the Portsmouth Naval Hospital for 6 months of surgeries and treatments. I was taken from my squadron and later reassigned to a land based squadron for my remaining enlistment on light duty that was non existant . I was assigned to corrosion control. We painted all of the aircraft in the squadron. Last of all, we used a chemical called MEK in great quantities, It's uses stemmed from cleaning parts to painting aircraft. It was very strong and lethal and is known to cause cell damage leading to cancer and diabetes amongst other things.. The EPA has a 28 page report on this chemical. We used it without respitory equippment or skin protection. This chemical is now illegal.

When I entered the Navy, I was in excellent health. I was diagnosed as being a diabetic about 6 years after I was discharged. Than when I was 30 I had a cancerous tumor that was removed. I am now 50. Luckily I survived, however my health has deteriorated due to effects of diabetes. Please know, there is no history of diabetes on either side of my family and I am the only one of four children who has it. One last note, last year I had an appointment in the podiatry clinic to trim my toe nails. The technician was very rough and cut me deeply. She said it was fine and to keep a band aid on it which I did. After pleading with the clinic to get me in to see a podiatrist immediately because I thought my foot might have an infection and it was painful. They saw me and told me it was fine and that it was just fungus? A month passed by and it became much worse, leaking puss, etc. I called again and after fighting for two days, I finally received an appointment. Once again the intern told me my foot was fine but she would order an X-ray anyway. I went immediately. Two weeks went by with no call from the doctor. I called again and after 4 days she finally called me back and said the X-ray was alright. 3 days later I had an appointment with my Endocrinologist. He immediately saw that my foot was infected and read the X-rays and confirmed, he wheeled me to the ER and I was admitted on the spot for 3 weeks in the hospital. One of my left toes was amputated and I was on antibiotics for three months being administered by a home health care nurse. Thank god that the Endocrinologist saved my foot and possibly leg.

I digress, I am currently rated at 40% and requested an increase for all of the above conditions I mentioned, I too am facing eviction and had my case tagged as a financial hardship. Last September I had a BVA hearing, three months later I was advised that all my claims were denied. I was livid because I truly am dialed and in dire need of some kind of help from the VA. I have the DAV representing me but they refuse to return my calls or letters. I cooperated with the VA and sent them all the forms they required and with detail I might add. However, this is the second time they denied me. My initial claim started in 1985. I have absolutely no money left and haven't a car. I may possibly end upon the streets in a short while. Of course when I was notified of my denial I immediately appealed last December and am still awaiting another argues period of time with slow responses and nightmares.

Is there any suggestions you may have for me and trying to get through this quagmire the VA has sent me into? Any information you may offer is highly appreciated. Thank you in advance.

Reply:

I'm sorry to hear of the health problems you're having. You have some complex issues to deal with. This is one reason that I always recommend that veterans seek the help of an attorney rather than a VSO when it's time to appeal.

Let's address the issues you present. First up, I'll tell you that your financial circumstances have no place in making a VA disability claim. There is never any reason to bring up that topic nor does VA have any reason to consider it. Decisions about disability claims are made only on the merits of the claim itself and your personal finances don't enter the discussion. You may be wealthy or flat broke and it won't influence the decision. There is no priority for "financial hardship". That rumor persists and isn't true.

The chemical "MEK" that you claim has caused you some problems may or may not be at the root of some of your health issues. I can't find anything to support your statement that MEK is a carcinogen or that it can cause diabetes. I don't find anything that would tell me that the chemical is now illegal.

http://en.wikipedia.org/wiki/Butanone

http://www.epa.gov/ttnatw01/hlthef/methylet.html

There is only one way to prevail when you make such a claim. You must have a nexus letter from an expert physician who will attest that it is "more likely than not" that the chemical exposure caused the conditions. You can't simply say that's true and then hope the VA will agree with you. The author of a nexus letter must have scientifically sound reasons to make the "more likely than not" statement.

You may have a medical malpractice claim because of the infection that happened to your toe. If that event happened more than 2 years ago, you have missed the window of opportunity to seek a tort claim. The timing is strict to file tort. You still may have an opportunity to file an 1151 claim. The 1151 is an administrative remedy resolved much like any claim. You make the claim that poor or sloppy medical care harmed you and you deserve compensation. Any award will be on top of your current disability payments. As with most things of this nature, the more time that passes between the event and the claim means that your chances to prevail are reduced.

http://www.benefits.va.gov/COMPENSATION/claims-special-1151.asp

You seem to be making a claim for PTSD that was caused by your own near death experiences as well as the nearby death of coworkers during an accident. That can be a valid claim if you have the appropriate evidence to support it. Evidence requirements in such a claim would consist of treatment records from your mental health provider showing that you have been in treatment for the conditions you claim. Treatment may be things like counseling, group therapy, psychotropic medications and so on. The treatment records would have to be specific to show that you are being treated because of the claimed events and not because of a more generalized anxiety or depression. Without a record of such treatments, your claim will probably be denied.

If you are continuing your claims, I'd suggest that you find a veterans law attorney to help you. Veterans law attorneys work on a contingency fee. They won't take cases that they can't win because they don't get paid unless they prevail for you. To search for an attorney is a pretty good litmus test of your claim. If you aren't able to find a lawyer who will take your case, that tells you that you probably don't have a well grounded claim. I've published a few tips about how to find an attorney to help with your claims here

http://www.vawatchdog.org/how-to-hire-a-veterans-law-attorney.html

You may also file the 1151 claim yourself. You will have the burden of proof to show that the event of trimming your nails was the cause of the infection and that there was some sort of malpractice involved. The fact is that these sorts of events aren't all that uncommon when working with diabetic patients because of the diminished blood supply and you may have a hard time proving your case. You can bet that VA will challenge you every step of the way if you file such a claim.

You claim that you are "in dire need of some kind of help from the VA". We always must remember that VA isn't there to serve us in a financial emergency. VA pays for service connected events only when the evidence will support such payments. The VA is currently at least one year behind in processing claims, most likely much more than that.

If you file new claims today, or if you have claims in the system, you won't see any results for two years or more. I'm afraid that you'll have to make other plans to handle your current life crisis and not depend on any financial help from VA.