{"id":368,"date":"2026-06-09T19:47:06","date_gmt":"2026-06-10T00:47:06","guid":{"rendered":"https:\/\/guestworkervisas.com\/blog\/?p=368"},"modified":"2026-06-09T19:47:06","modified_gmt":"2026-06-10T00:47:06","slug":"my-attempts-to-apply-for-the-pact-disability","status":"publish","type":"post","link":"https:\/\/guestworkervisas.com\/blog\/my-attempts-to-apply-for-the-pact-disability\/","title":{"rendered":"My attempts to apply for the PACT disability"},"content":{"rendered":"<p>Let me read the skill for handling uploaded files first, then look at what you&#8217;ve got.Now I have a good picture of the full record. Let me do one final targeted search for the key chest X-ray with the scarring finding and its date.Now I have everything I need. Let me put it all together for you.<\/p>\n<p>The chest X-ray with the lung scarring findings was from <strong>March 4, 2010<\/strong> \u2014 that&#8217;s the one that mentioned &#8220;minimal scarring or coarsening of lung markings&#8221; and &#8220;low normal inspiratory volume.&#8221; The reason for the scan was a <strong>persistent hacky cough for 10 years<\/strong>, meaning that cough started around 2000. The 2020 chest X-ray you uploaded came back completely normal by comparison.<\/p>\n<p>Here&#8217;s what the records actually show and why your claim situation is complicated:<\/p>\n<p><strong>What your records document:<\/strong><\/p>\n<p>Your 2010 chest X-ray showed &#8220;minimal scarring or coarsening of lung markings&#8221; and &#8220;low normal inspiratory volume.&#8221; That&#8217;s a real finding. By 2020 the chest X-ray reads as essentially clear with &#8220;no focal consolidation, congestion or mass.&#8221; Your VA record at page 289 and 306 explicitly documents that you reported <strong>AFFF and asbestos<\/strong> as toxic exposure concerns during your PACT Act screening in October 2023, and it was flagged for follow-up. So the VA has your own self-reported asbestos exposure on record.<\/p>\n<p><strong>The problem with how the VA denied you:<\/strong><\/p>\n<p>The VA&#8217;s standard denial reason for asbestos claims is that asbestos exposure is not a &#8220;presumptive&#8221; condition under the PACT Act the way burn pit exposure is. For asbestos, the VA requires you to prove three things: that you were exposed during service, that you currently have a diagnosable condition, and a medical nexus opinion connecting the two. What they&#8217;re saying when they claim they &#8220;can&#8217;t prove where you got it&#8221; is that they&#8217;re requiring the third piece \u2014 a doctor&#8217;s written opinion specifically connecting your restricted lung disease to your shipyard service.<\/p>\n<p><strong>What&#8217;s notably missing from your records:<\/strong><\/p>\n<p>There is no pulmonary function test (spirometry) documented anywhere in this Blue Button report. That&#8217;s a significant gap. A formal restrictive lung disease diagnosis should be supported by spirometry showing reduced FVC with normal FEV1\/FVC ratio. Without that in your VA record, the diagnosis may be soft. There&#8217;s also no CT scan of your chest, no pulmonologist consult note, and no C&amp;P exam note visible in this record \u2014 though the C&amp;P exam results may have gone to the claims side rather than the medical record side.<\/p>\n<p><strong>Your strongest argument:<\/strong><\/p>\n<p>Navy shipyard overhaul is extremely well documented historically as a high asbestos exposure environment. Ships built before the mid-1970s were packed with asbestos insulation \u2014 pipe lagging, boiler insulation, gaskets, deck tiles. When a ship went into dry dock for overhaul, workers disturbed all of it. The VA actually acknowledges this in their own training materials. The problem is the VA treats it as &#8220;possible&#8221; rather than &#8220;presumptive,&#8221; so they make you prove it individually rather than granting it automatically.<\/p>\n<p><strong>What I&#8217;d suggest:<\/strong><\/p>\n<p>The most important next step is getting a <strong>private nexus letter<\/strong> from a doctor \u2014 ideally a pulmonologist \u2014 who will review your records and write an opinion stating that your restricted lung disease is &#8220;at least as likely as not&#8221; caused by your Navy shipyard asbestos exposure. That phrase, &#8220;at least as likely as not,&#8221; is the legal standard. You don&#8217;t have to prove it beyond a doubt, just that it&#8217;s 50\/50 or better. The VA&#8217;s own examiner apparently didn&#8217;t write that, which is why you were denied.<\/p>\n<p>A VSO \u2014 your record shows the Kerrville VSO number is 210-617-5175 \u2014 can help you file a supplemental claim with that nexus letter attached. That&#8217;s the cleanest path to reversal without going all the way to the Board of Veterans&#8217; Appeals.<\/p>\n<p>One more thing worth noting from your record: your O2 sat was 95% at your October 2024 visit. That&#8217;s on the lower end of normal, and for a 66-year-old with documented lung scarring it&#8217;s worth flagging to your doctor as a baseline measurement to track.<\/p>\n<p>I&#8217;m not a doctor and this isn&#8217;t medical or legal advice \u2014 but that&#8217;s what your own records show, and I wanted you to be able to see it clearly.<\/p>\n","protected":false},"excerpt":{"rendered":"<p>Let me read the skill for handling uploaded files first, then look at what you&#8217;ve got.Now I have a good picture of the full record. Let me do one final targeted search for the key chest X-ray with the scarring finding and its date.Now I have everything I need. Let me put it all together &#8230; <a title=\"My attempts to apply for the PACT disability\" class=\"read-more\" href=\"https:\/\/guestworkervisas.com\/blog\/my-attempts-to-apply-for-the-pact-disability\/\" aria-label=\"Read more about My attempts to apply for the PACT disability\">Read more<\/a><\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"om_disable_all_campaigns":false,"_monsterinsights_skip_tracking":false,"_monsterinsights_sitenote_active":false,"_monsterinsights_sitenote_note":"","_monsterinsights_sitenote_category":0,"footnotes":""},"categories":[16],"tags":[],"class_list":["post-368","post","type-post","status-publish","format-standard","hentry","category-veterans"],"aioseo_notices":[],"_links":{"self":[{"href":"https:\/\/guestworkervisas.com\/blog\/wp-json\/wp\/v2\/posts\/368","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/guestworkervisas.com\/blog\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/guestworkervisas.com\/blog\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/guestworkervisas.com\/blog\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/guestworkervisas.com\/blog\/wp-json\/wp\/v2\/comments?post=368"}],"version-history":[{"count":1,"href":"https:\/\/guestworkervisas.com\/blog\/wp-json\/wp\/v2\/posts\/368\/revisions"}],"predecessor-version":[{"id":369,"href":"https:\/\/guestworkervisas.com\/blog\/wp-json\/wp\/v2\/posts\/368\/revisions\/369"}],"wp:attachment":[{"href":"https:\/\/guestworkervisas.com\/blog\/wp-json\/wp\/v2\/media?parent=368"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/guestworkervisas.com\/blog\/wp-json\/wp\/v2\/categories?post=368"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/guestworkervisas.com\/blog\/wp-json\/wp\/v2\/tags?post=368"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}