DMII and PN conditions secondary to Hep-C


I include these messages for others to benefit from. I was in the Seattle VA  hospital for a year from 4/09 to 4/10 so I didn’t get to post very much due to illness/4 surgeries. AN

chiefhouse00
Registered: 04/23/09
Posts: 3
04/23/09 #1

GreetingsI was recently denied service connection for Diabetes Mellitus II associated with Agent Orange and Ulnar Nerve Entrapment in my arms/hands primarily because I couldn’t provide NEXUS documentation (no proof of being in Vietnam). The VA C&P examiner (Neurologist) opined that my Ulnar Nerve Entrapment condition was most likely diabetic peripheral neuropathy. He added that it was in all four extremities (worst on the legs by far than the arms). Also, completed an EMG confirming PN both hands and feet by another C&P examiner. I was diagnosed with Hep-C prior to discharge and service connected for Hep-C (20%). Question: Can I claim my DMII and PN conditions as being secondary to Hep-C?

Best Regards
Chiefhouse

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AZeeJensMom
Moderator
Registered: 01/05/09
Posts: 94
04/25/09 #2

Hey Chiefhouse….How recent is your denial for the DM2 & PN?   Were you in country?   It’s pretty specific regarding the presumptive service connection.   Serving offshore doesn’t cut it but, if you set one foot on land during the presumptive period, you might try getting a buddy statement.

Recently, we were told by my husbands GI doctor that DM2 is more and more showing up as a 2ndary to HepC.    You have SC for HepC so I would think this may be an avenue for you to pursue.   However…..

I’m not nearly as informed as some of the others on this board, just wanted to let you know someone will be along soon that can answer your question more specifically.

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chiefhouse00
Registered: 04/23/09
Posts: 3
04/27/09 #3

GreetingsThanks for your reply.  I was denied service connection for DMII and PN this month.  It took a couple years for that decision.  I plan to go in again much better prepared to win this case. The VA already concluded that I have nerve damage in my feet and hands, hypertension and DMII but denied my claim because I couldn’t provide proof of being in Vietnam. Well, I’ve been carrying Hep-C for nearly 40 years and failed three rough treatment sessions. Medical studies have shown that Hep-C can cause these problems. So, I’m going in again and give it my best shot. My overall health condition is not getting any better.

Best Regards

Chiefhouse

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AZeeJensMom
Moderator
Registered: 01/05/09
Posts: 94
04/28/09 #4

First, on behalf of myself and my SC Vietnam Vet husband, I’d like to thank you for your service to our Country.As to your question on the DM2, PN, etc. as a manifestation of the HepC, I’d encourage you to go to the main pain of the HCVets web-site.   Scroll down and just after you see the “Active Duty Alert” in red letters, you’ll find a list…..toggle into the “Understanding the Hepatitis C Liver”

There, you will find information regarding extrahepatic manifestations of the liver, etc.   I did find that DM2, PN may have a direct connection to HCV infection and was found more prevalent in Geno3’s.   I’m certain there is alot more info out there and studies to be done to connect these issues to HepC.

What Geno type are you?  Have you had a Liver Biopsy?   Which risk factor did they tie you in with the HepC SC?  When were you discharged?   What date were you SC for the HepC?

If I’m not mistaken, and someone will correct me if I am, I believe you can re-open the HepC claim due to a worsening of your condition and claim the DM2, PN, etc. as manifestations/residuals.  If those conditions were present when you filed for your HepC, they should back-date your disability date to the date you filed.  This would be an important factor determining if the chicken came before the egg.

In your SSOC for the DM2, did the RO mention anything about the SC of HepC?      How strong are you medrecs?   Since you are already SC for the HepC, if your doctor, private or VA, will write an opinion that your DM2, PN, etc. are a direct residual effect of the HepC that could help alot in your claim for re-opening the HepC.   Having all of your ducks in a row, turkeys trussed, etc., will help immensely in the defense of getting these conditions SC under your HepC dx7354.   The opinion from that doctor should be a just as a Nexus…..more likely than not, positively, etc.   You can find Nexus dialect in the left hand column of the NOD page under FAQ’s.

As a side-bar note, my husband filed his original claim in Feb. 03 while he was on his 1st course of IFN.  The claim was for HepC and DM2 with residuals of both.   Denied 1st time for everything, requested DRO review de novo, denied again, filed for appeal.   This gave us the time to obtain the in-Vietnam AO exposure evidence.   He was SC for DM2 4/08 with PNx4, retinopathy and received a 70% SC for the DM2 issues with an effective date 1 year prior to filing as DM2 is on the presumptive list of AO exposure.

The appeal on the HepC was a different experience….went to the BVA, finally.   He just had his BVA hearing Nov. ’08, appeal remanded for further development….because when the Hep tx was at it’s worse (12/06), he finally had to stop working, filed for SSD, approved right away.   We filed for the SSD for many reasons, HepC, DM2, a much needed and long over due major shoulder surgery, etc.    During all 3 courses of tx, he continued to work, and gradually it became less and less until he finally just could not warrant continuing, especially due to his occupation.  We are awaiting the final decision on the HepC appeal.

We choose to take charge of the illness rather than it being in charge of us.   Sure, some days aren’t as good as others, but they sure do make those good days all that much better.

Hang in there……

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chiefhouse00
Registered: 04/23/09
Posts: 3
05/04/09 #5

GreetingsThanks for your experience and encouragement.  I was awarded service connection for Hep C in 2000 at 20%. I’m a Geno type 1a and failed three treatment sessions. In my most recent RO decision, Hep-C was not mentioned as a cause for DMII or PN.  Hep- was mentioned as a cause of ED which was granted. I have scheduled an appointment with the liver clinic and requested labs to test my blood.  I had two Liver Biopsies and diagnose at stage two,  Yes, my condition is worsening with severe joint pain and fatigue.  I have been fighting this aliment for nearly 40 years and don’t plan to give up until the end. Again, thanks for your advice.

Best Regards
Chiefhouse

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AZeeJensMom
Moderator
Registered: 01/05/09
Posts: 94
05/05/09 #6

Good Evening Chiefhouse….Interesting the VA granted ED from the Hep.   I understand the situation that you aren’t able to Nexus your feet on soil in RVN.   I didn’t realize ED could be a residual of the Hep.   Was it actually from the Hep or from the treatment itself?  Or, do they even know?

3 time treater, that’s a tough one.   My husband is 1a also, and non-responder to 3 courses of IFN.    Every case is different.  Every person’s experience is different.   Even though we know he was a non-responder, we try and think of all those weeks of IFN as giving his liver a chance to regenerate itself.   By way of biopsy in 1/09, we now know he is in Stage 4.   Had he not endured the poison, who knows?    When he was on IFN, it completely changed his life and he did finally get to the point where he couldn’t work.

We know one gentleman who is a 1a, and never missed a day of work while he was on tx.   It different for everybody.

Keep at it, get those records and a Nexus from 1,2 or qualified medical providers the DM2 & PN is a residual of the HepC, you fare well.   I’m pretty certain you could reopen for the PN alone, but while your at it, might as well do the DM2 and…….check rating schedule for HepC.  You could warrant an increase.  Especially while you were on tx.   What you really want is 100% SC for HepC.   Unless you were one of the lucky ones, like our friend, who didn’t experience any of the side effects.

Those medrecs will tell the story themself, so be sure to get all of them before you do anything else.   You have the right to have your records corrected by the Provider if there is something amiss.   I found several errors in my husband’s medrecs, too many severals.   Shouldn’t have been even 1.  One provider stated in one of her chart notes that she had erroneously reported in a previous entry that my husband was an IVDU.   She gave the date of the chart note, and when I read it, there was nothing even there about IVDU (and shouldn’t have been as he never did IVD)   I found errors in med flow charts, and some docs are so busy they template the previous visit and dictate only the changes.  1 doc we saw had an entire exam that was templated and……he only talked with us, never even touched my husband!

Providers make mistakes too often and the patient has the right to review their file.    Heck, the RO who did the review of my husband’s claim for HepC stated the QTC doctor made an error when he reported that his in-service tattoo was on the other arm!   The QTC doctor was right, the RO was not.   If I’d known now what I didn’t then, I would have sent in a NOD and we may have not had to deal with the BVA on this issue.   The look on the VLJ’s face when my husband rolled up his sleeve was priceless.   Right/Left/Right again….jumping tats.

Keep at it and always keep copies of everything and anything you send to VA, send it so they have to sign for it.

Someone else may jump in on this discussion if I erred in any info.

Keep on keeping on….

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RobD1956
Avatar / PictureModerator
Registered: 11/22/08
Posts: 31
05/06/09 #7

I just received my SC for hcv its still in the rating stage after a seven year battle. But I do know that hcv is a prime suspect in pn I have just been dx for that myself. Depending on my rating for cirrhosis and depression from hcv it will be my next claim being the neurologist explained it was more likely than not caused by hcv. This was a VA neurologist. I have been on SSA for the seven year battle so they will most likely give in to TDIU. If that’s the case I will most likely not pursue it . I hope you find that piece of info helpful.__________________
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