I found another one of these years ago and didn’t bookmark it. When I finally found this, I decided to print it anyway even if the case was remanded. It involves the reverse concept that PCT, as a known side-effect of HCV can be used to show a correlation to it as a claim. Our Veteran here has been rated for PCT as a presumptive disease associated with Agent Orange. He is now trying to swim upstream and reach HCV. I pointed to the same thing when I filed for Hep. The PCT was what clued me in to the Hep. initially, but I filed for both simultaneously. He’s represented by DAV and they have that “AO causes HCV” mentality. We know otherwise but VSOs haven’t gotten the briefing. Or, if they have, they’re still helping Vets lose by claiming thus. No conspiracy here- just stupidity.
This is interesting. I haven’t seen anything come up the ladder to the CAVC, so my feeling is that VA gave him all this. He was already rated in 05 and it will eventually end in TDIU or P&T if he gets really sick. Denying now (or then, when this was remanded) is an exercise in putting off the inevitable. Giving the Vet SC for hep. especially in lieu of his rating for PTSD would almost be axiomatic. You never know what these fellows will do, though. Vindictiveness runs in their blood. Reality is the only thing that makes them sky down.
Another important aspect illustrated for you is the concept of the Fenderson Staged Rating process outlined here. This is an appeal of an original rating with added issues. The Vet is appealing his denial of PTSD (and wins) but is also appealing his initial rating for his PCT (granted by the VARO). He has done his homework as I definitely don’t believe for a moment that the DAV chucklehead was aware of the 40% available under DC 7704 for PCT. I’ve only seen it used 6-7 times mostly by pro se Vets and only on appeal at the BVA. It is so basic a concept that it doesn’t warrant a trip up to the Big House. I like this one because it has a lot of excellent info for HCV/PCT guys like me.