Liver Damage

[Parkerlee]

Question,

Has anyone ever received compensation for liver damage? I just retired about 6 months ago after 20 years and I am starting to have swollen liver problems. It started my last year in the military and now it is getting worst. When I was in, I was told it was due to drinking and smoking. Now that I am out, my doctor claims that it was a combination of the meds pertaining to my high blood pressure and high cholesterol medication I was on. No, I was not a heavy drinker, however, I was a heavy smoker (trying to quick). Any thoughts?

[Berta]

"I just retired about 6 months ago after 20 years and I am starting to have swollen liver problems. It started my last year in the military and now it is getting worst."

By all means file the claim before your first year after discharge is up.

That way the earliest effective date of your claim ( for retro comp) will be the day after your discharge.

Thank you for those long years of service!

Did you leave the Mil with a complete copy of your SMRs?

Can you tell us the exact diagnosis of this liver condition?

"Now that I am out, my doctor claims that it was a combination of the meds pertaining to my high blood pressure and high cholesterol medication I was on. No, I was not a heavy drinker"

Was that from a VA doctor or non VA doctor?

Did he/she document that in your post service medical records?

What meds were they?

There are plenty that can lead to liver damage:

http://www.hepcnet.net/drugsandliverdamage.html

http://www.merckmanuals.com/professional/hepatic_and_biliary_disorders/drugs_and_the_liver/liver_injury_caused_by_drugs.html

( VA used Mercl a lot. This might be a p[otential FDC Fully Developed claim if you already have your SMRs and can get a strong medical nexus statement from the doctor, with a ful rattionale, that the meds caused this damage.

They could bolster their opinion with print outs such as these above links but probably would have their own abstracts or info to bolster the claim.

We have an IMO criteria here in our IMO forum that VA is familar with.

They often reject IMos that do not fall into the criteria and state the magic words....

Have you collected unemployment comp yet? I am not sure if you are eligible but will try to find out.

I had to talk my daughter into doing that for months after her discharge. She felt ashamed to get Unemployment comp.

She finally went and they put veterans into a special compensation group , she was with retired officers as well as enlisted and immediately felt she had no reason to be ashamed at all to get UC.She did have a potential job offer, and while home here on a vacation, she got the call to tell her she had landed the job...DOD NSA......the only job she even applied for.......she has been there ever since...about 13 years. She bought back her mil time and could actually take 20 year retirement next year.

I am assuming but could be wrong, that retirees are eligible for Unemployment comp....but not sure.....

You might well be eligible for either CRSC or CRDP too ....did they mention that at the transition briefings you got?

[Berta]

http://www.military.com/benefits/veteran-benefits/veteran-unemployment-compensation.html

Possibly not UCC due to amount of Mil pay...but this link explains it.

But possibly you will be eligible for either CRDP or CRSC.,depending on how VA rates your disability.

I assume this is not a medical retirement but a 20 year retirement.

Edited February 14, 2015 by Berta

[Berta]

Just to add.. cirrosis of the liver is a Chronic Presumptive:


"3.309 Disease subject to presumptive service connection.
(a) Chronic diseases. The following diseases shall be granted service connection although not otherwise established as incurred in or aggravated by service if manifested to a compensable degree within the applicable time limits under § 3.307 following service in a period of war or following peacetime service on or after January 1, 1947, provided the rebuttable presumption provisions of § 3.307 are also satisfied. "

http://www.law.cornell.edu/cfr/text/38/3.309

You said this was not cirrosis but this might give you two theories to file under for a proper award, if that is what the Military diagnosed it as.

[Parkerlee]

Thanks for the response Ms. Berta!

Everything happened so fast and now even faster. After my last deployment I decided that I was at 19 years and it was time to go. So it was a hasty decision, but I am enjoying my time with family. I was originally being treated for stomach ulcers while in the Army. I claimed it and VA gave me 0%. They stated duodenal ulcers must have recurring symptoms more than once or twice a year. I was prescribed Nexium. I went back and complained and they just ran test again and called it "mild ulcers". My current care provider had me do an ultrasound and ran more test and said I had a "fatty liver" and "scar tissue" and now I have an appointment with VA in 2 weeks. Along with Nexium, I was on Pentoxifylline, propranolol and asprin. I switched up during this time and I am currently looking for those records. I have request copies of these specific records because at the time, I did not realize that as I started going off post to see a specialist, NONE of those visits are with my final copy of my medical records. I am not receiving unemployment. I did receive 40% for other injuries.

[Berta]

Your topic stated Liver "damage".

Swollen liver might not be considered damage, or even ratable...I dont know.

There is probably a more definitive diagnosis for this condition.

But still I would claim it, as it ( as with any disability) could lead to something worse.

You can match up your disability with the VA Schedule of Ratings here, to see how they would rate your liver condition.

"I did not realize that as I started going off post to see a specialist, NONE of those visits are with my final copy of my medical records. " It would be a very good idea to get copies of those private records and then send copies of them to VA to support the claim.

"I am not receiving unemployment. I did receive 40% for other injuries."

Could there be a nexus or link between any of those SC disabilities and the liver situation.