Aa
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...
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.
"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.
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
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
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