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Old Fri Feb 14, 2020, 10:24 PM
rar rar is offline
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Join Date: Mar 2014
Location: colorado
Posts: 215
Advice on appearing before Board of Veterans' Appeals

I filed a disability claim. I was a company armour in the US Army in 1961. I was exposed to benzene as part of my job. In 2014 I was diagnosed with Myelodyaplastic Syndrome reactive anemia with excess blasts II (MDS). I claim that benzene exposure is at least as likely than not the cause of my MDS. I have 2 nexus letters from doctors who agree.

The Army is short on records. Their toxic exposure program was in need of an overhaul. The only thing that attempts to refute the denial is the two nexus letters that the VA already has. I received the denial in 2016. I filed a NOD. I am on the VA BVA docket in a couple of months. Other than the nexus letters I have noting to refute the VA denial.

I am undecided on a lawyer or the VSO representative. I think my case is weak, what do you think? What do you think my odds of the BVA reversing in my case? What can I do to ensure a favorable outcome?

Ray

VA denial
Issue Contention
myelodysplastic syndrome (MDS) (due to benzene exposure)

Explanation
Service connection for myelodysplastic syndrome (MDS) (due to benzene exposure) is denied since this condition neither occurred in nor was caused by service.

The evidence does not show an event, disease or injury in service. Your service treatment records do not contain complaints, treatment, or diagnosis for this condition. There was no continuity of symptoms from service to the present. Myelodysplastic syndrome is not considered a presumptive condition at this time, therefore we are unable to service connect it using the evidence available in your claims.
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