disability claim

Im a vietnam era vet,early 70s,Year ago I was told I have hep C...i did some iv drug use in the army.Young and dumb. question is... Does that automaticly disqualify me from winning a claim .we were always carefull bout using a new needle...I have 2 doctors that wrote it was a 50/50 chance I got it in the service...

[HectorSF]

I assume you are talking about SSDI?
Or are you trying to get disability from the VA?
I have no experience with the VA so I can't help you there but as far as SSDI it doesn't matter how you contracted HCV. Many people do not know where they contacted it. And who can say with 100% knowledge when they contacted the disease. Even the 2 doctors can't say for sure how you got it.
Since you are saying the illness is disabling I trust you are under the care of a hepatologist as 30-40 years of HCV can lead to cirrhosis for some people. Concentrate on managing any current complications of HCV. The past is past and can't be chanced.

Good luck.
Hectorsf

[ripley571]

Yes, a disability from the VA.

[HectorSF]

Sorry, maybe there are some vets here who would know...

Good luck to you.
Hectorsf

[ClippedWings]

Did you have any risk factors other than IV drug use while in service?  Did you have a transfusion, get tattoos, serve as a medic?  You would need to provide some credible connection between an exposure risk in service and your current infection.  The VA is prohibited by law from granting service-connected disability for illness resulting from drug abuse, but if you have other possible sources of infection, you might stand a chance although I'll be honest with you it will be tough. Here's a sample of the wording they use:
"Direct service connection may be granted only when a disability
was incurred or aggravated in line of duty, and not the result of
a veteran's own willful misconduct or, for claims filed after
October 31, 1990, the result of his or her abuse of alcohol or
drugs.  38 C.F.R. § 3.301(a) (2009)."

Try visiting this site:
http://www.index.va.gov/search/va/bva.html
At this site, you can find thousands of veteran’s appeals including a large number of them from veterans denied service connection for HCV.  I have read cases were service connection was granted even with IV drug use, but that is very rare.  Good luck to you.