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GatorNavy

Bva But Have New Secondaries

Question

I have a BVA hearing coming up this spring. The contentions are service connection for Hepatitis C and TDIU. Since I appealed; I have developed chirrosis because of the HCV. How should the secondaries be handled?

I am already 80% and on SSDI. The RO denied IU on the basis that my Hepatitis C is not service connected. My PCP (VA) filled out a multiple condition questionaire for my SSDI attorney that states I can not work and why. Thanks in advance!

Gator

Edited by GatorNavy

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Dear Gator,

A word to the wise. Get your win on the HCV first. If the 8940 has already been filed for the TDIU, oh well. As for the horde of secondaries such as DM2, cryoglobulinemia, Porphyria, fibromyalgia, etc., hold off until you have the HCV service connected. I've had many Vets file a long freight train of claims and lose because the raters saw a passel of claims and just top-sheeted it long enough to deny the secondaries-sometimes before the actual HCV decision. If the claim is based on jetguns, you'll need a a tall IMO from a good gastrodoc. If it's based on tattoos, STDs or combat blood exposure, your win will be easier. If you are at the BVA, it means something was missing in the evidence back at the VARO.

One thing many overlook is the secondaries relating to Interferon therapy. Many failed the prophylaxis and retreated again with similar failures back in the late 90s and early 2000s before the addition of Ribivirin. Most who went through the txment, regardless of whether they cleared the virus, are also irreparably harmed to include thyroid cancer, cognitive dysfunction, deteriorating vision, DM2, pruritis and most especially depression. Be sure to consider these but only after the HCV win.

Take a gander at asknod.org for everything there is to know about VA HCV filings. I know. Been there and done that. Shoot, I even wrote a book. Best of luck and we'll be looking at the success stories forum for your big win.

a

cp

Edited by asknod

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"If the 8940 has already been filed for the TDIU, oh well."
I don't quite understand this about the TDIU. But, all else makes for perfectly sound reasoning and advice. I expect to get to 100% schedular. I just thought that the effective date would be earlier for the IU and I could draw at 100% rate until the decision for 100% schedular comes down the pike. I am interferon intolerant and never did take that rat poison.

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I did IFN once and woke up in an ice bath at the emergency room. I have autoimmune Hep now too. I was worried that your rating rationale for SSDI would not be the Hep. It would be better if it was. Best of luck. If you're in your thirties-forties, they'll try like hell to say you can take a sedentary job. If the SSD was for HCV, it would certainly help. If you're in your 50-60s, they probably won't make much of a fuss...unless they deny the HCV for some insane reason. Then the argument for IU works against you i. e. you're SSD'd for a non-service connected disease or injury. VA is vicious on this recently. Best of luck. Take a look at FAST letter 13-13.

a

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I did IFN once and woke up in an ice bath at the emergency room. I have autoimmune Hep now too. I was worried that your rating rationale for SSDI would not be the Hep. It would be better if it was. Best of luck. If you're in your thirties-forties, they'll try like hell to say you can take a sedentary job. If the SSD was for HCV, it would certainly help. If you're in your 50-60s, they probably won't make much of a fuss...unless they deny the HCV for some insane reason. Then the argument for IU works against you i. e. you're SSD'd for a non-service connected disease or injury. VA is vicious on this recently. Best of luck. Take a look at FAST letter 13-13.

a

I am 60 and my SSDI attorney got the review date pushed out 5-7 years. I think the rater painted himself into a corner when he wrote this in the SSOC:

"A review of your SSDI records show you were awarded disability benefits based upon the severity of your service connected and non-service connected disabilities. Unfortunately your non-service connected hepatitis C cannot be used when considering entitlement to individual unemployability."

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

I am pushing for the VLJ to grant SC for the Hep and IU with one swing of the gavel. I would expect a remand back to the RO in order to rate the HCV and that is when I was going to attach the evidence for the secondaries. At least the VA docs did me justice with my VISTA records. They were very clear that: "this condition is due to the hepatitis C."

Edited by GatorNavy

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What is your evidence that your Hep C is service connected? Your current SSDI records don't help with the TDIU because the VA will blames your unemployability on NSC part of your SSDI. TDIU must be solely for SC conditions. I went through his myself but not for hep C. My TDIU was denied because VA said that I was unable to work due to use of opiates. I got another IME and got my TDIU. Now there is no question my opiate use is for SC conditions but first denial was 12 years ago.

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