Hepatitis C decisions — 2004

The veteran's appeal is being remanded for further development, including a VA examination to assess the severity of his hepatitis C.

The Board found that the character of the appellant's discharge from service for his second period of active duty constitutes a bar to VA benefits, as he was discharged under other than honorable conditions due to a general court-martial. The appeal is denied.

The Board dismissed the veteran's appeal due to his withdrawal of the appeal prior to a decision being made.

The Board has remanded the case due to the veteran's failure to appear for a requested VA examination and other procedural issues.

The Board denied the veteran's claim for service connection for hepatitis C, finding that it was not incurred in line of duty due to his own drug abuse.

The Board of Veterans' Appeals has denied the veteran's claim for service connection for Hepatitis C, finding that there is no evidence to support a link between his military service and the condition.

The Board has determined that the veteran's Hepatitis C is related to active service and grants service connection for this condition.

The Board found that the veteran's current mildly active HCV was not incurred in service, but it is at least as likely as not (50%) that he contracted HCV during his military service. The claim for service connection remains pending.

The Board found that the veteran's hepatitis C is more likely due to post-service IV drug abuse, and thus not incurred in or aggravated by active service.

The Board denied service connection for hepatitis C, finding no evidence of the condition during or within one year after military service and concluding that it is not related to service.

The Board denied the veteran's claims for service connection for Hepatitis-C and Neurodermatitis, finding no evidence to support a direct relationship with his military service or herbicide exposure.

The veteran's claims for hepatitis B and hepatitis C are being remanded due to the need for additional evidence, including medical records and a VA examination.

The veteran's service-connected diabetes mellitus and hepatitis C did not meet the criteria for enhanced DIC benefits under 38 U.S.C.A. § 1311(a)(2) because he was not rated totally disabled for at least eight years prior to his death.

The Board has remanded the case due to incomplete medical records and need for a VA examination. The veteran's claim will be reconsidered after these steps are completed.

The Board has found that the veteran's current impotence is related to his service-connected diabetes mellitus associated with herbicide exposure. The issue of hepatitis C was not addressed in this decision as it pertains to a different basis for connection.

The Board found that the veteran's hepatitis C was not incurred in or aggravated by military service, as there is no evidence of a current disability and no medical opinion linking his condition to service. The appeal for service connection was denied.

The Board denied the veteran's claims for service connection for hepatitis C and diabetes mellitus, finding no evidence linking these conditions to his military service.

The Board has determined that the veteran was not adequately advised of the provisions of the Veterans Claims Assistance Act of 2000 and has ordered a remand for further development, including sending the veteran a letter detailing VCAA rights and responsibilities, scheduling a VA medical examination, and ensuring compliance with all VCAA mandates.

The Board denied service connection for PTSD and Hepatitis C, finding that there was no credible evidence of in-service stressors or a diagnosis related to service.

The Board found that the veteran's hepatitis C, cirrhosis of the liver, and hepatocellular carcinoma were not caused by VA hospitalization or medical treatment. Therefore, the claims for compensation under 38 U.S.C.A. § 1151 and DIC are denied.