38 CFR § 4.114 DC 7343(IFN TX)


In Part 4 of 38 CFR, you will find Section §4.114 which deals with the Schedule of Ratings for diseases of the digestive tract. There you will find Diagnostic Codes (DCs) that refer to specific diseases. The ones that most concern those of us with Hepatitis are DC 7345 (Hep.B, AIH, and chronic Hep.B), DC 7354 (Hep. C), and DC 7312 ( Cirrhosis). However, it has come to our attention that DC 7343 is a Diagnostic Code that has bearing on those Vets who undergo “Antineoplastic Chemotherapy”- a fancy name for Interferon therapy treatment. Technically, if you are SC for hep and under any chemotherapy treatment of the digestive system, you are eligible to apply for a temporary rating under this DC. Six months after cessation of treatment, VA is obligated to rerate you and base any decision on 3.105(e) and any residuals. We all know about residuals. Veterans may be overlooking a valuable loophole in the regulations by not availing themselves under this DC. There is nothing underhanded about this. Perhaps VA did not anticipate that some idiot would come up with a drug as insidious and nefarious as Interferon. They certainly didn’t anticipate all the side effects associated with it such as Fibromyalgia, Arthritis, DM2, blindness, Cryoglobulinemia, and Peripheral Neuropathy to name just a few. Filing a claim at the outset of IFN therapy if you are SC for HCV should now be a no brainer. The rating is 100% for the duration of the therapy and six months after as I mentioned. I reprint it below for your reading pleasure. Sometimes it is necessary to retire to the dictionary to discover what “chemotherapy” actually is defined as. We have already discovered that “is” has more than one meaning according to Slick Willie.

7343 Malignant neoplasms of the digestive system, exclusive of skin growths         100 %

Note: A rating of 100 percent shall continue beyond the cessation of any surgical, X-ray, antineoplastic chemotherapy or other therapeutic procedure. Six months after discontinuance of such treatment, the appropriate disability rating shall be determined by mandatory VA examination. Any change in evaluation based upon that or any subsequent examination shall be subject to the provisions of §3.105(e) of this chapter. If there has been no local recurrence or metastasis, rate on residuals.

Technically, the definition of malignant neoplasm is a malignant tumor. The term is also synonymous with cancer. As Hep.C creates fibrosis of the liver and eventual Hepatocellular Carcinoma (HCC), it can be classified as a malignant neoplasm. Therefore you will see more and more Vets who are SC and seeking IFN TX investigate this avenue. It will take the sting out of the financial nightmare when the income dries up during therapy. I wish there was some way to inject humor into this post, but I can find no humor with regards to Interferon. It a lot of my friends. One dose ended up causing my Crohns disease to relapse after 12 years in remission. It also turned lose the AIH dragon. VA should step up and offer some financial remuneration for any VET that chooses to use this poison, service connected or not.

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About asknod

VA claims blogger
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