Hepatitis C decisions — 2001

The appellant's disabilities do not meet the criteria for a permanent and total disability rating for pension purposes due to his combined disability rating of 40 percent.

The Board denied the veteran's claims for an increased evaluation for chronic hepatitis C with cirrhosis of the liver and a TDIU, finding that his service-connected disabilities did not render him unable to work.

The veteran's claim for service connection for hepatitis C is being remanded due to the need for additional medical records and an examination.

The Board of Veterans' Appeals denied the appellant's claim for service connection for the cause of death of her deceased husband, finding that the veteran's service medical records were not available and that the appeal was not well grounded.

The Board denied the veteran's claim for an initial disability rating in excess of 10 percent for service-connected Hepatitis C, finding that the evidence did not meet the criteria for a higher rating.

The Board has determined that the veteran's current liver disability, characterized as hepatitis C and/or cirrhosis, is not related to his service. The claim for increased rating of bronchial asthma remains pending.

The Board denied the veteran's claim for an earlier effective date for nonservice-connected pension benefits, finding that the preponderance of evidence did not support a retroactive award due to lack of incapacity and insufficient medical records showing hospitalization.

The Board denied the veteran's claim for service connection for hepatitis C, finding no reasonable possibility that additional development would aid in substantiating his claim.

The veteran's claims for service connection for hepatitis C and amblyopia of the left eye were denied as he failed to report for scheduled VA examinations.

The Board denied the veteran's claims for increased ratings for hepatitis C, finding that the evidence did not meet the criteria for a higher rating prior to January 14, 2000 and since January 14, 2000.

The veteran's service connection claims for various conditions, including migraine headaches, COPD, asthma, tussive syncope, fatigue, major depression and PTSD, joint soreness due to an undiagnosed illness, hepatitis C, diarrhea, dental disorders (loss of teeth), and hemorrhoids have been granted. The service connection is determined on the merits for these conditions.

The Board has determined that the veteran does not have PTSD and therefore, service connection for this condition is denied. The claims for Hepatitis C and Neurodermatitis are also denied as there is no evidence of a current disability or relationship to service.

The VA Regional Office denied the veteran's claim of service connection for hepatitis C, citing procedural defects and lack of sufficient medical evidence to determine the etiology of his condition.

The Board has granted service connection for hepatitis C and rated it as zero percent disabling from May 25, 1999. However, the veteran's claim is being remanded to determine if he currently experiences symptoms that warrant a higher rating.

The Board has remanded the case due to incomplete evidence and procedural issues, including a need for further development of the evidentiary record.

The Board has determined that the veteran's hepatitis C is related to exposure in service and grants the claim for service connection.

The Board of Veterans' Appeals has determined that the veteran's Hepatitis C was not incurred or aggravated during his military service and denied the claim.

The Board has remanded the case due to new notification provisions under the Veterans Claims Assistance Act of 2000, requiring VA to assist the veteran in obtaining evidence necessary to substantiate his claim for service connection for hepatitis C. The RO is instructed to obtain relevant medical records and conduct a VA examination.

The veteran's hepatitis C is not shown to be due to negligence or fault on the part of VA treatment providers, and therefore compensation under 38 U.S.C.A. § 1151 for hepatitis C as a result of blood transfusions provided at a VA medical facility is denied.

The Board has granted service connection for hepatitis C, finding that the veteran's infection was caused by blood transfusions during his treatment at a VA Medical Center. The esophagus condition claim is pending and will be addressed in a separate decision.