Hepatitis C decisions — 2001

The veteran's claim for a permanent and total disability rating for pension purposes was denied because he failed to appear for VA examinations scheduled in December 1998 and April 2000, and there is no evidence of record showing that his disabilities render him permanently and totally disabled.

The Board denied the veteran's claim for service connection for hepatitis C, finding that there is no competent evidence indicating that his current condition is etiologically related to a disease or injury incurred in service.

The veteran's appeal for service connection for female organ cancer was dismissed due to a lack of timely filing. The case regarding increased ratings and other issues is pending.

The Board denied service connection for a heart disorder, including hypertension. The claim for an initial evaluation in excess of 10 percent for residuals of hepatitis C was not granted.

The Board has determined that the veteran's hepatitis C was not incurred during active service and is not related to his active service. The claim for service connection for hepatitis C is denied.

The Board has determined that the veteran's hepatitis C was incurred during or as a result of VA medical treatment and is granted compensation pursuant to 38 U.S.C.A. § 1151.

The Board has reopened the veteran's claim for service connection for hepatitis C due to new and material evidence submitted since the RO's denial in December 1970. The issue is now on its merits.

The veteran's claim for an earlier effective date for hepatitis C disability compensation was denied as there was no evidence of a prior informal claim or private medical records related to the condition before March 30, 1995.

The Board found that the veteran's hepatitis C was not incurred in or aggravated by active military service and denied his claim.

The veteran's hepatitis C and avulsion chip fracture of the left ankle and fibula are currently rated at their maximum allowable levels under VA rating criteria, with no evidence supporting a higher evaluation.

The Board finds that the evidence supports a finding that the veteran's hepatitis C was incurred during active military service, and grants entitlement to service connection for hepatitis C.

The Board has denied the veteran's claims for service connection for hepatitis C and epididymitis with right testicular atrophy and mild left hydrocele, finding that there is no evidence to support these claims.

The Board finds that the veteran incurred tinnitus during his military service and grants service connection for this condition. The other claims are pending, including an increased rating for hearing loss, reopening of a claim for eye injuries, PTSD, and hepatitis C.

The veteran's hepatitis C is currently manifested by no more than minimal liver damage with associated fatigue, anxiety, and gastrointestinal disturbance of lesser degree and frequency than symptoms associated with greater liver damage, but necessitating dietary restriction or other therapeutic measures. The veteran's back strain, muscular was denied service connection.

The veteran's cause of death was attributed to metastatic hepatocellular carcinoma, which the Board found not related to his military service. The appellant's claim for Survivors' and Dependents' Educational Assistance benefits under Chapter 35, Title 38, United States Code, is also denied as she did not meet the basic requirements.

The Board found that the veteran's hepatitis C was not incurred during his stay at a VA facility in December 1997, and thus denied the claim.

The Board has denied the veteran's claim for service connection for hepatitis C as it was caused by his own willful misconduct during active duty.

The Board has determined that further development is needed to determine the etiology of the veteran's claimed conditions and to adjudicate his increased rating claims. The RO must obtain all relevant medical records, arrange for appropriate examinations, and then consider the claims on their merits.