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From Bro Wolfe
The best advice I can give anyone who is processing a claim with the VA. is first gathering documentation, all military records. The C.F.R.Chapter 38 spells out the criteria for rating hepatitis c. Study it, set a course relating everything set forth in C.F.R.Chapter 38 Chapter 38 and build your case. Expect to be denied and then appeal. It takes up to two years. File a claim that is true and unambiguous. Fit your nexus in your opening statement and fire away. I was initially denied , appealed , was awarded service connection for 10 % once again I appealed that decision and was awarded 130 % s/c disability for hep c. It usually takes around 18 months these days for a ratings claim to be processed. There is only one way to speed the process up for and that is to show financial need i.e.... they are going to foreclose on your house or something of this nature. Unfortunately this is how it is. If you can prove financial need, it will take about 90 days. Although one can only be paid for 100 % note that if you have a combined rating of 160 % they will pay you an additional 250 dollars a month for being what they consider to be homebound. Wolfe
The best collection of electronic Code of
Federal Regulations (CFR) is maintained by National Archives and Records
Administration (NARA). NARA's main site is here:
e-CFR.
VA maintains its references in WARMS (Web Automated Reference Material System)
Most of our documents are in Microsoft Word 6.0. If you need a free viewer to read those documents, it is available here.
[Code of Federal
Regulations] [Title 38, Volume 1] [Revised as of July 1, 2003] Thanks AL:) This research, in combination with documented transmission of hepatitis C by many methods during service, makes Hepatitis C a presumptive service connection. Read More VA Federal Benefits for Veterans & Dependents 2008 Edition PDF file- includes:
TOLL FREE NUMBERS FOR CONTACTING VA The VA provides toll-free 800 phone service for Veterans to obtain information about benefits.
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Click on the titles to read the reports Testimonies and Reports
However, according to the General Accounting Office report, the Veterans Health Administration estimates that only 478,000 veterans were screened at a cost of $30 per veteran- a shortfall of over 50 percent. Congress allocated up to $40,000 for treatment of each HCV patient. But the money was not allocated to the clinics for treatment. The money went to 22 Directors of the Veterans Integrated Services Networks (VISNs) The money was then distributed to area VAMCs. The way the money was distributed
caused some VA clinics to receive less funds despite many more
patients. So the Clinics didn't treat the vets. If they did
treat them, they used medicines that cut the chance in half to
rid the virus. The old drugs were cheaper to use than the new
ones also. The sad part is they still don't know the actual number of veterans, tested or treated for HCV. Many have died and sickened as a result of this. If individual States don't stand up, passing legislation that
makes the Veterans Administration accountable to the States
for Veterans care, our people will continue to be denied
proper care and treatment. The VA answers to no one.
Flawed Testing
Procedures Past and Pending CONGRESS HCV Veterans and Civilians Federal Legislation
Veterans Comprehensive
Hepatitis C Health Care Act HR 73 H.R. 73, the Comprehensive Hepatitis C Health Care Act was introduced on January 7, 2003. Introduction of legislation is to help veterans who may have Hepatitis C get better care and testing from the Department of Veterans Affairs (VA). Unfortunately this bill does not include transmission methods military veterans were subjected to. The other bills that failed to pass did and were key arguing points between groups. What this means is Veterans will fall under the CDC definitions for transmission methods. The CDC states: If passed, this bill will allow Health and Human Services to implement the pre approved CDC Hepatitis C Prevention plan. This plan calls for Hepatitis C to go under the Substance Abuse management programs that include, HIV and STDs (Sexually transmitted diseases.) [7] CDC states no association with military service http://www.cdc.gov/ncidod/diseases/hepatitis/c_training/edu/1/epidem-trans-1.htm |
107TH
CONGRESS HCV
Veterans and Civilians
Federal Legislation
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1) transfusion of blood or blood products before December 31, 1992; (2) blood exposure on or through skin or mucous membrane; (3) Hemodialysis; (4) tattoo or body piercing or acupuncture; (5) unexplained liver disease; (6) unexplained abnormal liver function tests; or (7) working in a health care occupation.
Congressional Hearings: Catalog of House Hearings: Browse 106th ...
GAO-04-106, VA Health Care: Further Efforts Needed to Improve ...
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