VA denied MDS disability claim

[rar]

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.

[Deborah]

Bummer… They’re going to treat this the way they’ve done with Agent Orange and Gulf War Syndrome and Rocky Flats and delay, delay, delay! Infuriating. I believe, sadly, that this is an actuarial strategy by the VA. I was told early on that my MDS was ” most likely” due to exposure to benzene that I was around at the small airport in my hometown as a child. The crop dusters for cotton worked out of there; their chemicals were everywhere. Leaking barrels, puddles…I was around it a lot as a small child. I’ve probably had MDS for 10 years and was diagnosed 5 years ago. No evidence until I’m in my early 50s. How do they expect us to show direct cause? There is a lack of data problem. I’m very sorry they denied you

[Author]

Posts