Many veterans were infected, unbeknownst to them, in the 1950s, 60s, and 70s with Hepatitis C while they were in service. But they were never diagnosed with the illness till many years later.

The VA has recognized that many veterans were exposed to Hep C and it has developed a list of risk factors to include: Organ transplants before 1992, blood transfusions before 1992, hemodialysis, exposure to blood, intravenous drug use, high sexual activity, and tattooing. Even though the VA recognizes these exposures the VA still denies veterans service connection for Hep C because there is no nexus between service and the current disease.

Remember that to obtain service connection you have to show something happened in service, that there is a current disability and that there is a nexus (i.e. link) between the two. I describe the nexus as a bridge. The closer you are from your time of discharge to filing a claim (say you were discharged this year and filed a claim the next month) the bridge between service and the current disability is short and easy to show. On the other hand, if you were discharged in the 1970s and are now claiming a disability based on something that happened decades ago the bridge is a long one and harder to prove.

It is the long bridge scenario that I have seen veterans have to deal with in Hep C cases. Especially veterans who served in Vietnam, almost twenty years before the medical community could even diagnose this disease. Since the disease can be dormant for years and not show itself for a long time this becomes an obstacle for veterans to overcome, because the VA will say that since the symptoms did not start for years after service it must not be related. This reasoning is against the weight of the medical literature on Hep C. Do not let VA deny a valid Hep C claim for this reason.

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If you do not hear from the VA within two months of sending your claim then resend the claim certified mail again, with a copy of the original claim.

In your claim, describe all symptoms that you believe related to disorder (i.e. I hurt my right knee in servie but my left knee hurts now too because I’ve overused it or I have a service connected back condition and I am now suffering from a mental condition because of the limitations that my back puts on my ability to do what I used to do).

List where you are treating and where you have treated for you condtion.

If you are sent to a VA medical exam for your condition take a spouse or someone you trust along with you.  After the exam that person should write out a statement of what he observed.

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The VA benefits process is complicated.  Although doctors can help or hurt a claim with their C&P reports, they do not ultimately decide the claim.  Once a doctor makes her report it goes back to the adjudicator in charge of your claim at the VA and that person must make the decision.   Unfortunately, it is common for a doctor to write his report and the VA still take months to issue a decision.  I’ve also seen instances where a doctor wrote a favorable report and the veteran was still denied.

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Under the traditional appeal procedure, an employee from the Rating Board reviews a denial and makes a determination whether the claim should continued to be denied.

Under the DRO appeal, a senior rating officer at the Regional Office, reviews the decision.  In that review, the DRO is required to make a decision without any deference to the first decision by the Rating Board.  In other words, the DRO reviews the evidence and makes a decision without considering the Rating Board denial.

In our practice we normally request the DRO process.  It normally gives our veterans an experienced rating officer who has the ability to set aside a bad decision made by the Rating Board.

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When you file a claim for Social Security benefits, the Social Security Administration will need proof from medical sources that you are totally disabled. This evidence can come from your own doctors, or from Social Security doctors.

The best evidence in support of your claim should come from your own doctors. They know your problems and how they affect you.

However, the Social Security Administration often prefers to get the evidence regarding your condition from a Social Secuirty doctor instead of your doctor. If you go to a Social Security doctor, you will see this doctor only once, and only for a short period of time. Most likely this doctor will not be a specialist.

If you have your own treating doctor, we think that going to the Social Security doctor is a mistake. You should insist that the Social Security Administration get the evidence they need from your doctor.

For Questions About Your Veterans Disability Claim... Contact Us

For Questions About Your Veterans Disability Claim... Contact Us