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Deferred Depressionand Cirrhosis

Rob53
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Rob53 Contributor

Rob53

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I have searched every post I can find for an answer. Can't find a one like this. I was a Corpsman from 73-75 never in SEA but got stuck by enough needles to get the disease. I filed a claim for Hepatitis C with Cirrhosis and Depression as secondary to Hepatitis C. I was denied of course but persistence paid off and I was awarded 10% for HCV on 6/9/2009 the Cirrhosis and Depression have been deferred for additional information or evidence. Now comes the part where I am lost I have been on SSA disability for 10 yrs for depression. Had all my qtr's in. I have sent the AMC the Dr's nexus from the VAMC in SLC for cirrhosis showing it's from HCV. and the award from SSA. The VAMC mental health Dr got me connected for SSA by his report. I sent the AMC that as well. Now should I file for TDIU or wait until they decide the deferred issues? It should of been 100% from the time they granted the SC for HCV. My claim was one of those that fell into a shredding machine by accident.

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john999 Grand Master

john999

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Do you have a medical report that states that your depression is secondary to the Hep C? If you are claiming any secondary conditions to the Hep C you have to have a medical report that states the connection in no uncertain terms. It is like that with almost all secondary conditions you claim even the most obvious. I had three secondary conditions SC'ed to diabetes. I had to have medical opinions for all of them. I don't think it would hurt to file the TDIU form. It might delay a decision on the other ratings, but if you wait then you have to file for TDIU and they treat it just like a separate claim. Have you seen the nexus statements posted on Hadit? You want it in that type of format if possible.

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Rob53 Contributor

Rob53

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Do you have a medical report that states that your depression is secondary to the Hep C? If you are claiming any secondary conditions to the Hep C you have to have a medical report that states the connection in no uncertain terms. It is like that with almost all secondary conditions you claim even the most obvious. I had three secondary conditions SC'ed to diabetes. I had to have medical opinions for all of them. I don't think it would hurt to file the TDIU form. It might delay a decision on the other ratings, but if you wait then you have to file for TDIU and they treat it just like a separate claim. Have you seen the nexus statements posted on Hadit? You want it in that type of format if possible.
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Berta Grand Master

Berta

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If I were you File the TDIU form ASAP! as long as you arent working.

Obvious the SSA award would support TDIU with any SC rating at all for the depression-as long as they SC the depression and you certainly have the nexus you need for the cirrosis due to the Hepatitis.

VA could rate you at 70% and then send you the TDIU form.

Or they could rate you much lower and not send the TDIU form-

If they give you any rating -even "0" SC for the depression -those SSA records would support TDIU on that basis as long as it is secondary to the SC Hep situation.

Are you sure they have the SSA records and your other evidence?

Is there established inservice or a well stated medical nexus for the depression-as being secondary to the hepatitis?

The form is here at hadit or go to the VA web site and under Forms under the Comp Icon is 21-8940.

It doesnt pay to wait for VA to send this form as you can preserve the earliest filing date by filling it out and sending it to them yourself.

This could add time to your claim but I say better to wait a little longer for TDIU award than to have them low ball on the rating and then you have to fight for the rating to get higher -for them to send th TDIU form.

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Rob53 Contributor

Rob53

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I want to thank everyone. I have got them to see the light. I have a C&P for cirrhosis on Tue the 7th I have pictures of the ultrasound on my liver and the VA Dr's statement saying that the cirrhosis is from HCV it should be a slam dunk. I am rated at 10% for the hep it's natural progression of the disease from reading the rating codes that and acid reflux should be 100%. Without the depression added. We will see.

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