2009 VA ID cards


04/15/09 #1

My husband has HepC, was diagnosed in 2003, underwent Interferon and Ribaviran treatment in 2004, was not cured, and was denied Service Connected for any pension.  He did get NS pension because we were below poverty level, until my social security kicked.Two weeks ago we received his new VA ID card and on the front it says “Service Connected”.  Our rep at the DAV says husband is in priority group 3 (though he was not a POW or PH medal recipient).HepC is the only thing the VA is treating him for.

In this case, what does the “Service Connected” mean, if anything, on the card?

Has HepC been made “presumptive”?

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NOD
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Registered: 11/22/08
Posts: 654
04/15/09 #2

Dear BJS1945, The SC or service connected on your husbands card reflects that he has (had?) the NS pension. When I first got my 10% for tinnitus, I too, was on the Priority 3 list. My card says the same. They do not change the card, but do know in the computer what your rating is. They only have one setting after 50% which is 50 to 100%. Unless you are trying to get dental. then you need a 100% or P&T. Oddly enough, having the SC on the card is a mistake on VA’s part if he is technically not SC for anything. Trust me, Hep is only presumptive if you were a POW or if you put in a claim for it within the first year of discharge from active duty. It would only be presumptive if you had it documented as occurring in your service med recs. Even then it would fall under the aegis of 38 CFR 3.303(b). You would have to be able to prove it was chronic via continuing symptoms documented by medrecs after discharge. VA offers a presumptive path as demonstrated via the risk factors questionnaire as well. I expect you are familiar with that one, though. If you lose your SS, he will be SC again. Without seeing any paperwork, that is J1VO(Just one Vet’s Opinion) noodledudeAttached Thumbnails:
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BJS1945
Registered: 04/15/09
Posts: 3
04/16/09 #3

Thanks noodledude.
We suspected that there was either a mistake or that “service connected” on the card meant nothing, and you have confirmed as much.
Barb
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NOD
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Registered: 11/22/08
Posts: 654
04/17/09 #4

Dear Barb,
Not knowing your circumstances, and hating to pry, but we always wonder why Vets lose. If there is something on this site that will help you win in a refile or if any of us bubbleheads can be of assistance, we would love to see your husband get SC for comp. Pension is nowheresville. Unless a Vet had IVDU issues in service and the willful misconduct thing rears its ugly head, there is a better than even chance a vet can get a win. The odds say 10/100 win. I propose that the ten that do are mighty persistent and do not go quietly into the night. I count myself as one of the 10. It took two shots to get here, but this just isn’t for the faint of heart. I first filed in 94 and lost all 3 claims. I refiled in 07 and got it all at the local level by doing what they advocated here on the HCVets site. Let us know if you need any info or were misinformed by a VSO as is so often the case. An example of this is that the Military Order of the Purple Nurple SO told me I couldn’t win a hep C claim with a Tattoo. Great advice, huh? We’re light years ahead of them here on what Vets need. Good Luck and please thank your husband for his service to our Country for us, too. NDAttached Thumbnails:
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BJS1945
Registered: 04/15/09
Posts: 3
04/18/09 #5

Thanks ND for all the info.
We will be looking into it further.
I have looked all over the internet and you guys have the best and most comprehensive info around.
Gotta get our “stuff” together again and print off some of the info here and see what we can do.
Barb
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NOD
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Registered: 11/22/08
Posts: 654
04/18/09 #6

Roger that, Barb. Good luck. Just do the I dream of Jeannie thing and put your forearms together and NOD. We’ll be there.ND sendsAttached Images:
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