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Old Tue Aug 30, 2016, 08:32 AM
Data Data is offline
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Join Date: Sep 2014
Location: Florida
Posts: 245
Don't give up

Ray,
I would encourage you to keep the pressure on the VA to recognize benzene as the probable cause of your MDS. The VA does not require a doctor to say a particular chemical such as benzene is the cause of your MDS. The wording is the majority of claim decisions is “such and such is more likely than not to have caused the veteran’s disease”. Benzene has long been known to cause hematological diseases to include MDS and AML. If you do a Google search on “benzene, MDS, AML” you will find the Internet is replete with articles on studies done showing a positive association from well-respected doctors and institutions. There is recent evidence showing benzene has damaging effects on the blood below the US permissible amount of 1 PPM. In using it as a cleaning solvent in an unventilated area I think any reasonable person would have to agree that you were exposed to more than the general population.

There is another reason I would encourage you to continue pursuing your claim. A disability related to benzene exposure that occurred while you were in the service will make your spouse eligible for Dependency and Indemnity Compensation (DIC) if you should unfortunately die of MDS. DIC is a tax free monetary benefit paid to eligible survivors of military Service members who died in the line of duty or eligible survivors of Veterans whose death resulted from a service-related injury or disease.

I think the hardest part of your claim is going to be proving that you used benzene as a cleaning solvent in your job. I have no doubt you did but proving it is another matter. Other veterans in your same career field might be able to corroborate your claim. Did you have any manuals or directives that provided instructions on how to use benzene?

Again, I encourage you to pursue your claim. Although the VA does not use “case law” where the law is established by the outcome of former cases, I think a successful claim would encourage others in the same situation to pursue their claim.

Best of luck to you in your claim and your fight with MDS

Data
__________________
Prostate Cancer: Treated in early 2013 with HDR Brachytherapy. MDS-RCMD: Oct 2014. Biopsies: 46,XY,t(7;18)[2]: 46,XY,del(7)( q22)[3]: 45,XY,-7[6]: 45,XY,-7[10]: 45,XY,-7[13]. HSCT in April 2016.
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