Hepatitis In 1973, File A Claim?

[rotorhead]

I am real new to all this VA maze, I had Hep A soon after being seperated from the service in 1973. I was hospitalized at a Veterans hospital for 4 weeks. This was within 60 days of seperation. I was a emergency room medic for the last 1 and a half years. We were always covered in blood and body fluids. Poked with a dirty needle more times than I could count while trying to sew up a drunk or injured soldier. Most of us were OJT,ed into this posistion. Not a lot of training in blood borne pathogeins at that time. I now am starting to have some liver problems. If a claim was filed do you think the EED would be 1973? Or even a viaible claim. Trying not to clog the system with a claim that is failed from the start. I don't remember ever being offered to have a claim filed.

[Hoppy]

The validity of your claim would rest on medical evidence. Your best bet would be to ask a doctor if he thought it is possible that your experience as a emergency room medic and your diagnosis of hepatitis A is related to your current liver problems. You can file a claim anytime you want. However, if you're concerned about clogging the system then seeking medical opinions in advance of your claim would give you some idea of what you're up against. Eventually a doctor will have to state that it is more likely than not or as likely as not that your current liver problems are related to your military service.

If you file a claim the VA should schedule a compensation and pension exam to determine if the current condition is related to military service. Sometimes they do not do this and deny the claim without a medical claim. As far as backdating a claim to 1973 I have not heard of this. If you'd filed a claim in 1973 and there was a clear and unmistakable error the door could be open for some back pay. However, if you have not filed a claim previously and your liver symptoms only started recently there would be no basis for them to compute an award. Just because you're sick today they do not assume you have been sick as 1973. There would need to be a medical history and you have to file a claim. Even if you have a medical history and no previous claim they will use the claim date as it was filed the first time. They can go back one year in some cases. If you decide to file a claim keep posting on hadit and get a service officer to help you with the claim.

[sharon]

Since is has been over a year since your discharge the effective date would be the date of claim.

Effective Date

Except as otherwise provided, the effective date of an evaluation (based on an original claim, a claim reopened after final disallowance, or a claim for increase) will be the date of receipt of the claim or the date entitlement arose, whichever is later.

Payment Date

Payment of monetary benefits based on original and reopened claims, or increased awards of compensation, pension or Dependency and Indemnity Compensation (or a monetary allowance under 38 U.S.C. Chapter 18 for an individual who is a child of a Viet Nam veteran), may not be made for any period prior to the first day of the calendar month following the month in which the award became effective.

Date of Receipt

The date on which a claim, information, or evidence was first received in the Department of Veterans Affairs.

Date Entitlement Arose

If the claim is for service connection and the claim was received within one (1) year after separation of service, then the date that medical evidence shows the claimed condition was first diagnosed would be the date entitlement arose.

Formal Claims

Formal claim – filed originally on VA Form 21-526 or VONAPP application, must have signature and be substantially completed.

Informal Claims

Informal claim – any communication or action indicating intent to apply for VA benefits by claimant, POA, or person on behalf of claimant.

Effective Date & Payment Date

Original Claim

Direct service connection – day following separation from active duty or date the entitlement arose, if received within one (1) year after separation of service, If not, then it is the date of receipt by VA or when entitlement arose, whichever is later.

Presumptive conditions – date entitlement arose, if claim is received within one (1) year after separation of service. Otherwise, date of receipt of claim or date entitlement arose, whichever is later [see 38 CFR 3.400(B)(2)(ii)].

[Philip Rogers]

I may be "wrong" but I seem to recall reading somewhere that any hospitalization, at the VAMC, can be considered a claim. If that's the case I would see an open claim existing. jmo

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