Would This Be Pyramiding, Or Is It Ok

[63SIERRA]

I was first service connected for hep c at 40 percent a while back. I was treated for the hepc with pegintron and ribavarin. I later developed kidney and adrenal gland cancer, that were removed, one side. I was service connected for the kidney cancer at 30 percent, because there is overwhelming medical study, that proves people with hep c are VERY likely to develop kidney cancer;

HERE is my question, I have found out that the pegintron and ribavarin are know to destroy part of your cells,(ISLET CELL DESTRUCTION) the destroying of these cells can cause type 2 diabetes. I have been told im right on the diabetic fence, if I do go full blown diabetic, can I be service connected for it as secondary to hepc, just like the kidney cancer was? Or how does this work.

[free_spirit_etc]

But if you get an increase on any of the conditions you are currently waiting on the decision for, you will be at 70%.

The way I read the law it said I must have at least one disability at 40 percent, which I have, and the remaining must total to 70 percent.

Im rated at. 40., 30, 0, 0. That IS 70, BUT not by va math, so my question is, which system do they use i n determining if u are eligible for TDIU, is it actual total rating, or va math rating. Va math says im at 60 %,

[63SIERRA]

You can also win the TDIU with your current ratings....DO NOT let anyone yell you that you must be at 70% to file.

Do this ASAP....The VA should have already addresed this issue with your Hep alone, then throwing in another 30% with a claim pending....Just file the paperwork and get the ball rolling.

great info, Phillip turned me onto this info as well

(b) It is the established policy of the Department of Veterans Affairs that all veterans who are unable to secure and follow a substantially gainful occupation by reason of service-connected disabilities shall be rated totally disabled. Therefore, rating boards should submit to the Director, Compensation and Pension Service, for extra-schedular consideration all cases of veterans who are unemployable by reason of service-connected disabilities, but who fail to meet the percentage standards set forth in paragraph (a) of this section. The rating board will include a full statement as to the veteran’s service-

[Philip Rogers]

FYI - The veteran must request the "extra-scheduler" rating or it won't be considered. VA employees are instructed not to consider an extra-scheduler rating unless the claimant asks for it.

pr