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Old Fri Aug 26, 2016, 10:10 PM
rar rar is offline
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Join Date: Mar 2014
Location: colorado
Posts: 215
Va Denied Mds Disability Claim

I was diagnosed with MDS RAEB II 2.5 years ago. Just over 2 years ago I had a transplant. While the transplant appears to have cured MDS, I am still suffering side effects.

While in the ARMY (1958-1962) I was exposed to benzene as a cleaning agent as the company armor for about a year. My doctor says that it is as likely as not the cause of my MDS and wrote a letter to that affect. VA denied the claim. I am looking for arguments that would refute claims in their denial.

VA decision

1. Service connection for myelodysplastic syndrome (MDS)_(due to benzene exposure), Service connection may be granted for a disability which began in military service or was caused by some event or experience in service.

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

3.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.

4. 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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