Hepatitis C decisions — 2004

The veteran's hepatitis C was not incurred in service, but his claim to reopen for a psychiatric disorder has been granted based on new and material evidence.

The Board found that the veteran's hepatitis C was not incurred during service and denied his claim for service connection.

The Board has determined that new and material evidence had been received to reopen the previously denied claim of entitlement to service connection for hepatitis, variously diagnosed as hepatitis B and hepatitis C. Additional development is necessary prior to deciding the veteran's claim.

The Board denied the veteran's claims for service connection for PTSD and Hepatitis C. The veteran was not engaged in combat, and his claimed stressors were not independently verified.

The Board has denied the veteran's claims for service connection for hepatitis C, a higher initial evaluation for diabetes mellitus, and individual unemployability due to service-connected disabilities. The evidence did not establish an inservice occurrence or risk factor for hepatitis C.

The Board has determined that the veteran's acquired psychiatric disorder, including PTSD, is service-connected due to combat exposure in Vietnam. The hepatitis C was not service-connected as it resulted from the veteran's own misconduct.

The veteran's claim for an earlier effective date for hepatitis C service connection was denied as the law does not provide for such a retroactive effective date.

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

The Board denied the veteran's claim for service connection for hepatitis C, finding that it did not begin during or as a result of his military service.

The veteran's claim for service connection for PTSD was denied, and his claim for an increased rating for Hepatitis B and C was also denied. The veteran did not engage in combat with the enemy during his service in Vietnam, and there is no credible supporting evidence of the claimed stressors. His current symptoms align with a 40 percent disability rating for Hepatitis B and C.

The Board denied the veteran's claims for a rating in excess of 10 percent for hypothyroidism and service connection for hepatitis C, finding that there was no evidence to support these claims.

The Board has determined that Hepatitis C was not incurred in or aggravated by service. The veteran's claims for PTSD and depression, as well as an increased evaluation for sling palsy of the left arm, are remanded.

The VA has determined that the veteran's hepatitis does not meet the criteria for a higher disability evaluation beyond the current 30 percent rating.

The veteran's claim for compensation for hepatitis C under the provisions of 38 U.S.C.A. § 1151 as a result of a VA hospitalization in August and September 1983 is being remanded due to the failure to notify him of his scheduled hearing.

The Board has determined that the veteran's current diagnosis of hepatitis C is as likely as not related to his in-service episode of infectious hepatitis, and thus service connection for hepatitis C is granted.

The veteran's claim for a non-service-connected pension, including on an extra-schedular basis, is being remanded due to the need for additional development and notification under the Veterans Claims Assistance Act of 2000 (VCAA).

The Board has granted service connection for hepatitis C and Type II diabetes mellitus, finding that the veteran was exposed to Agent Orange during his Vietnam-era service. The claim for compensation under 38 U.S.C.A. § 1151 for a back disability is remanded for further development.

The Board has remanded the case due to a lack of VCAA compliance and the need for further development, including obtaining service personnel records and verifying exposure to Agent Orange or contaminated blood. The veteran's claim will be reconsidered based on this additional evidence.

The Board finds that the veteran's current hepatitis C is not related to his service, and thus denied his claims for service connection. The rating for his gunshot wound disability remains at 10 percent.

The Board has remanded the case due to incomplete records and the need for a VA examination.