Jim,

I came across your web site via a buddy that I served with. In short he has Leukemia related to his use of benzene containing solvents. I also have contracted Leukemia and all the literature states that it is related to the benzene in the solvents we used. In those days there wasn't any OSHA or even safety equipment then. I am in the process of getting info to make a claim with the VA. I'm just wondering if I do indeed have a claim? Any and all help and advice is greatly appreciated. Many thanks.

Reply:

It's not likely that the claim of benzene exposure will be easily approved as a service connected cause of leukemia. However, with proper preparation and patience by the claimant, this claim may be awarded on a direct cause basis.

To be service connected and eligible for VA disability compensation benefits, a veteran must meet 3 key points when he/she files a claim. You must have proof of qualifying service, a record of an event that occurred and caused the disabling condition and a current diagnosis by a health care professional.

If there is an honorable discharge and a current diagnosis of leukemia, you have 2 or the 3 requirements. Now you must establish that there was an exposure to benzene and that the exposure was the cause of the leukemia.

This requires proof...evidence that is irrefutable and can't be denied.

VA doesn't accept testimony by the veteran as being very credible. To say you were exposed to benzene isn't enough. You must show it by way of some form of official records that provide clear evidence of when the exposure occurred and how much exposure there was. Your Military Occupation Specialty (MOS) code may be enough to support your allegation of exposure to benzene and other carcinogenic chemicals. Document the job description as best you are able to.

Then you must have a statement (nexus letter or statement) from a qualified health care professional that tells VA that, "I have reviewed all available records and examined the veteran. There is no family history or other precipitating factor that would cause leukemia. It is my opinion that it is more likely than not that the veterans leukemia condition was caused by the documented exposure to benzene." An acceptable health care professional might be the treating physician or another MD who is expert in the diagnosis of leukemia and who has thoroughly reviewed the records.

It must be noted that the "nexus statement" by the health care professional must use the phrase "it is more likely than not...". Anything less than that phrase is probably not going to be accepted by VA.

There is considerable literature that suggests a correlation between benzene exposure and leukemia. The National Institute of Occupational Health and Safety has a supporting article and there are many others available http://www.ncbi.nlm.nih.gov/pmc/articles/PMC1568103/

As you prepare your claim, go to the Board of Veterans Appeals and search the decisions that include the key words benzene and leukemia. This can be time consuming as the decisions cover many years. The BVA site is here http://www.bva.va.gov/index.asp

and the search decisions page is here http://www.index.va.gov/search/va/bva.html

Keep your claim as direct and uncluttered as possible when submitting it. Don't use so many words and phrases that the claim may be misunderstood. File the claim now and then quickly gather and submit your supporting evidence such as medical records, nexus statements and so on.

Prepare to wait and prepare to be denied. Some advocates estimate that over 70% of the initial decisions issued by VA are denials that are flawed. Even cases with the best of evidence must then be appealed. Your case is complex enough that if you are denied, I'd suggest that you immediately turn to an attorney for assistance and appeal. Unfortunately, you can't do that until you have a denial in hand.

As you begin the claim, please read;

http://www.vawatchdogtoday.org/How_To_File_A_Claim.html

http://www.vawatchdogtoday.org/Nexus_Letter.html

https://www.vawatchdog.org/imo-ime-medical-opinions-exams.html

http://www.vawatchdogtoday.org/How_To_Hire_An_Attorney.html

I hope this helps.