Hepatitis C rating

Question:

Currently I have 40 % disability rating for Hep C. The V.A. is attempting to reduce this to "0"%. Liver damage from the disease is documented. My reduction hearing is coming up.. If you have any advise or a plan of attack it would be greatly appreciated. Thanking you in advance.
 

Jim's Reply:

If you're one of the thousands who have been cured of service connected hepatitis, it's likely that VA has a good case to reduce your rating. A disability rating should reflect the status of our health in as close to real time as possible. If you're cured, you can't be rated for hepatitis.
 

To maintain a 40% rating, you must meet the requirements of the schedule for the 40% rating: "Daily fatigue, malaise, and anorexia, with minor weight loss and hepatomegaly, or; incapacitating episodes (with symptoms such as fatigue, malaise, nausea, vomiting, anorexia, arthralgia, and right upper quadrant pain) having a total duration of at least four weeks, but less than six weeks, during the past 12-month period." 
 

I don't know what kind of liver damage you believe is recorded but if you are able to document clinical sequelae, such as cirrhosis or malignancy of the liver, you should do that under an appropriate diagnostic code. Once you have the diagnosis of liver damage you can file that as a secondary claim.