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Service Connected?


teejay53

Question

my deceased husband's doctor wrote a letter to the va stating my husband had no risk factors for contracting hep c except through blood transfusions he received while in the service. however, hep c is not listed as one of the service connected disabilities, which are:

general digestive condition,

general,

general respiratory condition

i was speaking with a veteran while waiting at the doctor and he told me that my husband's doctor should have added to the va letter that other ways he could have contracted hep c in the service were:

Jet “air gun” injections * Medical procedures * Blood transfusions * Re-used needles, syringes, and vials * Dental procedures * Blood-based products/vaccines * Finger pricks/lancets

should i have the doctor write a 2nd letter to the va with this information in it or referencing other information that would service connect his hep c.

thank you for your help.

:blink:

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  • HadIt.com Elder

The jet air injections and other non sterile practices of VA and the Service have a lot to do with it. VA has granted connection when only thing to go on was the injections.

Good Luck

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  • Content Curator/HadIt.com Elder

http://www4.va.gov/vetapp05/files5/0531165.txt

I hope this helps.

Out of curiosity, how does one prove that the jet air injections were used?

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I got this from one of your posts here teejay

"He had major surgery for his injury and received blood products. he passed away from ruptured esophageal varices and hepatic cirrhosis and had hep c."

There is an IMO forum here on how the doc has to prepare the IMO-

What listed listed as cause of death on the death certificate? Can you give us the exact wording of it?

The VA holds to exactly what a death certificate says- does it have Hepatitis C as contributing to his death?

Hepatic cirrhosis- is this listed on his death certificate and do you have medical evidence that the cirrosis is directly due to the Hepatitis C?

The ruptured esophageal varices could certainly be directly due to the Cirrhosis,whioch could be due to the Hep C.

The fact that he had inservice injury requiring surgery could be the nexus for the Hepatitis C.

Did he have any inservice diagnosis of viral Hepatitis or any other form of hepatitis? Is there anything in his SMRs that could show symptoms and/or treatment of viral Hep C?

Did he have tattoos or any history of intravenous drug usage?

I only mention these as these are reasons that VA has used to deny Hep C claims in some cases.

If we know exactly the cause of death and any contributing factors listed on the death certificate we can help more.

Did the doctor who prepared that statement for you have his complete Service Medical Records?

Was he service connected at all in his lifetime? If so what for and at what %?

Did he have any claim pending at death withe the VA?

"my deceased husband's doctor wrote a letter to the va stating my husband had no risk factors for contracting hep c except through blood transfusions he received while in the service. "

That is a good statement but VA will consider factors after service.

"however, hep c is not listed as one of the service connected disabilities, which are:

general digestive condition,

general,

general respiratory condition"

I dont understand this part - was he service connected for conditions like these?

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hi;

here the responses to your questions. all help is greatly appreciated.

:blink:

--------------------------------------------------------------------------------------------

I got this from one of your posts here teejay

"He had major surgery for his injury and received blood products. he passed away from ruptured esophageal varices and hepatic cirrhosis and had hep c."

There is an IMO forum here on how the doc has to prepare the IMO-

**What listed as cause of death on the death certificate? Can you give us the exact wording of it?

On death certificate: Ruptered Esopheagel Varices - cause of death & hepatic cirrhosis - due to or as a consequence of.

**The VA holds to exactly what a death certificate says- does it have Hepatitis C as contributing to his death? says hepatic cirrohsis

** Hepatic cirrhosis- is this listed on his death certificate and do you have medical evidence that the cirrosis is directly due to the Hepatitis C? yes. from his personal doctor

The ruptured esophageal varices could certainly be directly due to the Cirrhosis,whioch could be due to the Hep C.

** The fact that he had inservice injury requiring surgery could be the nexus for the Hepatitis C.

he was severely stabbed that required blood products during surgery. he was honorably discharged

when he was released from the hospital due to the severity.

** Did he have any inservice diagnosis of viral Hepatitis or any other form of hepatitis? Is there anything in his SMRs that could show symptoms and/or treatment of viral Hep C?

no

** Did he have tattoos or any history of intravenous drug usage? none and didn't drink at all

I only mention these as these are reasons that VA has used to deny Hep C claims in some cases.

If we know exactly the cause of death and any contributing factors listed on the death certificate we can help more.

** Did the doctor who prepared that statement for you have his complete Service Medical Records?

no, i have been trying to get them sent from the The National Archives since november 2009

** Was he service connected at all in his lifetime? If so what for and at what %? 25%

service connected for;

paralysis of ulnar nerve;

general respiratory condition;

general;

general digestive condition.

** Did he have any claim pending at death withe the VA? no

"my deceased husband's doctor wrote a letter to the va stating my husband had no risk factors for contracting hep c except through blood transfusions he received while in the service. "

That is a good statement but VA will consider factors after service.

** however, hep c is not listed as one of the service connected disabilities, which are:

general digestive condition,

general,

general respiratory condition"

** I dont understand this part - was he service connected for conditions like these?

only the connections i listed

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"should i have the doctor write a 2nd letter to the va with this information in it or referencing other information that would service connect his hep c."

from prior post:

** Did he have any inservice diagnosis of viral Hepatitis or any other form of hepatitis? Is there anything in his SMRs that could show symptoms and/or treatment of viral Hep C?

no

"my deceased husband's doctor wrote a letter to the va stating my husband had no risk factors for contracting hep c except through blood transfusions he received while in the service. "

If he did have inservice surgery ot any event that could have exposed him to Hepatitis C-the VA would need proof of that.

This would be in his SMRs and also I would think the inservice surgery and cause would be noted on his discharge certificate.I also think the scars would be listed there from the surgery.The Discharge Certificate would be with his SMRs.

Did the IMO doctor have any proof at all that your husband did have blood transfusons in service? The VA needs to know what medical rationale he used, based on the SMRs and any other records, for his medical opinion.

I dont understand this part-

"** Was he service connected at all in his lifetime? If so what for and at what %? 25%

service connected for;

paralysis of ulnar nerve;

general respiratory condition;

general;

general digestive condition."

VA doesnt award 25% and these conditions are not specific-

Have you attempted to get a copy of his C file to see his actual award letters and we could determine better if he had any SC condition that could have stemmed from the Hep C or contributed to his death?

Every disability (unless it s considered presumptive) must have a strong inservice proof of a nexus- a cause or reason for the current disability.

If his MOS was Medic or Corpsman or it involved Rescue -Recovery operations then perhaps the VA would concede he could have been exposed to blood tainted with Hep C.

Other then that the surgery has to be proven it occurred and that the blood they gave him during surgery was contaminated with Hep C virus.

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