A GOOD FOUNDATION


11/22/08 #1

A Good Foundation

Let’s begin. You must have Hep if you’ve made it to here. That can be, but is not limited to Hep. A,B,C, D, E, chronic hepatitis, NASH and autoimmune hepatitis. Residuals medically associated with these are : Porphyria Cutanea Tarda, fibromyalgia, cryoglobulinemia, and Diabetes Mellitus to name just a few. These are medically accepted, though.

You will be asking the VA to grant you SC for hep and possibly some of the others as secondary to the hep. You must be specific as to what you are asking for. The gentlemen at the RO cannot divine your intentions. For instance: “Entitlement to Service Connection for Chronic Residuals of Hepatitis”. I would personally leave out the flavor (A,B,C). You are not a doctor. You don’t know what flavor it is. What if you claimed C and it turned out to be Autoimmune? You’d have to start over because You didn’t claim that. Picture Cosmo Kramer’s attorney on the TV show “Seinfeld”. Next: “Entitlement to PCT secondary to Hep.” etc. until you have listed all your ills. We recommend you file for Hep first and attain it prior to seeking the secondaries.

To really CYA, I would include “and entitlement to a compensable rating”. You might become the unfortunate, sick Vet who is awarded 0% SC for your hep and have to fight another long battle for the $. Why not tell them up front what you want? If you want to be anally specific, it would be permissible to include “(effective date of your claim)”. I have seen claims granted w/ 0% back to 1972 because the vet didn’t specifically ask for a “Compensable” rating.Remember the old adage-Be careful what you ask for?Every claim submitted is unique. Circumstances, places, your MOS/AFSC ,combat environment, blood exposure etc. will combine to paint a unique picture that will govern the adjudication of your claim. Not all of you will be successful. Some have a history of drug use. That can sometimes be overcome and will be discussed more fully below.AO does not cause Hep. Don’t file for it. RTs might have been born at night but they weren’t born last night. Don’t lie on your claims form . The military were very thorough in examining you upon entry into service. They know how many/where the tattoos are. They know where your scars were upon entry. You may forget that you filled out an extensive medical history form about yourself when you entered. They still have it. It behooves you to get a copy of them pronto.

You had to pass a piss test to DEROS after 1970. If you flunked it, they remember. If you got an Article 15 for drug possession, IVDU or whatever, they still have the records. In fact, they know everything bad about you and your service and they have a nasty habit of bringing it up AFTER you tell your rosy version of events.

If you have “negative events” in your career, paint a limited, cheerful picture of them. If you try to hide, lie or in any way minimize your negative history, it will constitute evidence that impugns your credibility for purposes of testifying under oath. Allow me to rephrase that: They won’t believe a word that comes out of your mouth and your claim will get 86ed.

If you were caught smoking that big ol’ thai stick w/ 4 papers around it- oh well. That’s a far cry from getting caught stealing the morphine styrets out of a dustoff. VA regs allow for limited use to experience the effects, even if you contract hep from it. Constant or frequent use is considered willful misconduct and will not be rewarded.

If you had a BCD or an Undesirable, you are SOL. If you had hep in service before 1973, chances are your doc didn’t dx the type (A or B). That, with a proper nexus letter from your doctor, is almost a guarantee of getting SC. One note. With the technology now, it is possible to ascertain whether you had A or B at any time in the past. Because A is not chronic, you’ll never win that way. If you have the antibodies for B and had Hep before 72, you have an excellent chance of winning. As for C, there was no definitive test worth a damn until 89-90. The RNA test of 92 was the first one that really was accurate.

Do not try to provide your own Hx of Dx. You are not a Doc. If you try to act like one, you will be informed during the denial, of why that doesn’t work. Tell the truth. You believe your hep occurred in service. Medical science appears to back you up if you are a Vietnam era veteran. Let the doctors explain the medical minutiae.

I write this from that perspective- two tours back to back in Laos and Thailand with several TDYs to RVN. My knowledge does not speak to later wars, so please don’t use this info for the Afgan/Iraq Olympic Games.

There is anecdotal evidence that 3A and 3B  genotypes were endemic in SEA. I think any flavor with a biopsy of Stage 3 Grade 3 should be capable of SC with a supporting nexus. Most Vets have 1A or 1B which is found mostly in America. Jet guns, anyone? Still others have 2A and 2B and were stationed in Japan, Okinawa and Korea. There is a geographical correlation here that will help you win.

VSOs have told Vets for years that they can never get SC for hep. Don’t listen to them. You will get SC if you, along with your doctor, can put together a concise, complete history of your risk factors and a supporting nexus. You were there. The RT wasn’t. Neither was your Doctor. This is speculative, at best, subjective at worst.

Your initial claim must state what you feel were your risks, why you believe that, and all the evidence you can compile to verify it occurred the way you say it did. You get one shot at this. If you change the facts, the location, the dates or anything medical later on, you’ll run into the credibility issue.

Honesty always serves the cause of Justice. That was stated by none other than your President. I don’t think he was referring to what we hope to accomplish here, but it is a useful thought.

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About asknod

VA claims blogger
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