Boy, this is the mistake of a lifetime. Our Vet from New Jersey here, with his County rep. as a VSO, has unwisely elected to get himself service –connected for HAV, not HCV.  When asking for actual compensation instead of the goose egg he is currently receiving, the RO and BVA have decided to take Diagnostic Code 7345 literally and inform him that the standard rating for HAV, infectious hepatitis is 0%. Even assuming an extra-schedular exam, there can be no more. All of his ills that we associate with HCV are not recognized because he isn’t SC for HCV. They also gravitate to the first word “chronic” and point out HAV is an acute rather than a chronic condition- again no bucks.

Diagnostic code 7345

Chronic liver disease without cirrhosis (including hepatitis B, chronic active hepatitis, autoimmune hepatitis, hemochromatosis, drug-induced hepatitis, etc., but excluding bile duct disorders and hepatitis C)

What we find interesting is latter day testing has revealed that the hep. this Vet had in 68-70 was HBV, as in viral hepatitis. Infectious HAV is transmitted through the oral-fecal route-as in eating food prepared by someone infected that went to the bathroom, failed to adequately wash his or her hands and has absolutely no clue how to operate the toilet paper dispenser. (I would like to make an aside and point out that these people are not underemployed but unschooled in hygiene).  They carefully point out that he is HBV immune by virtue of this prior infection but make no other conclusions or observations.  They were’t asked to consider this eventuality. As myopically as possible, they are narrowly focused on just an increase for his HAV. They  have also examined all his complaints and medical info. similarly. As it has nothing to do with HAV and virtually everything to do with HCV, he cannot be rated for it under DC 7345. They summarize it in the standard format. Rule #1 says HAV is a non-chronic form of hep. and therefore it is rated 0% when service connection is granted. Rule #2 says if you have HBV or HCV, then refer back to rule #1. Circular logic is so efficient and takes up very little space when explained and fits conveniently into circular wastebaskets.

     What makes this so tragic was the VSO was supposed to know this and build a case for the Vet that would get around it. By arriving in D.C. without it, this outcome was predictable and a waste of time. Every one of the participants (with the exception of the Vet) could see this coming like a tornado. Look at how much time he had invested. A hearing probably set him back a year or more on top of the denials.  The fact that he lied about his weight has no bearing on it. He could have lost 100 lbs. and been a candidate for the freak show at Barnum and Bailey but still wouldn’t have gotten an increase.  

     It appears it’s back to the drawing board for this guy. He’s claimed he’s unable to work, so he has several options absent another vigorous attack on a HCV rating. Didn’t anyone tell him about Groves v. Peake? Nexus letter?  38 CFR § 3.303(b)?

http://www.va.gov/vetapp11/Files2/1115068.txt

      Sometimes they piss me off.  I refer to both of them- VA and VSOs. They could have taken this ol’ boy aside and explained all this without stringing him out for three years. He probably had a bottle of Dom chilling in the garage refer just waiting for the big moment. Well, maybe Cold Duck or rack of killer IPA anyway. It’s somewhat immaterial at this point, anyway. Regardless, it just sucks what they do to us.