Hepatitis C decisions — 2005

The VA determined that the veteran's hepatitis A, B, and C does not meet the criteria for a compensable evaluation as there is no evidence of symptoms such as fatigue, malaise, anorexia, or incapacitating episodes during the past 12-month period.

The veteran's claim for service connection for hepatitis C was initially denied in October 1991, but the RO granted it on a direct basis effective April 15, 2002. The veteran is seeking an earlier effective date.

The Board denied service connection for hepatitis C and glaucoma of the right eye, finding no evidence to support a nexus between these conditions and active duty service.

The Board has remanded the case due to incomplete records and further development is required before a decision can be made on the veteran's claim for service connection for hepatitis C.

The veteran's claims for service connection for liver cancer and hepatitis C were denied, as the evidence did not support a finding of in-service exposure to herbicides or other conditions that would allow for presumptive service connection. The cause of death was determined to be liver cancer, but no service-connected condition contributed significantly to his death.

The Board has determined that the veteran was exposed to hepatitis C virus infection during service and her current hepatitis C is related to such exposure, granting service connection for hepatitis C.

The Board has determined that the veteran's hepatitis C is as likely caused by his in-service tattoo as his pre-service drug use, and thus grants service connection for this condition.

The Board found that the veteran's Hepatitis C was not related to his military service and denied his claim.

The veteran's hepatitis C, with ulcerative colitis and anemia, is currently manifested by fatigue, abdominal pain, tremors, difficulty gaining weight, headaches, frequent bowel movements, and depression. The Board found that these symptoms are sufficient to meet the criteria for a 60 percent rating under the criteria in effect prior to July 2001 but not warranting a higher rating.

The veteran's claim for service connection for an acquired psychiatric disorder, including post-traumatic stress disorder (PTSD), was denied. The VA found that the veteran does not have PTSD and his major depressive disorder and anxiety disorder are related to service.,The veteran's claim for service connection for hepatitis C was granted. It is presumed due to Agent Orange exposure during service.

The Board found that Hepatitis C was not incurred in or aggravated by service and denied the claim. The issue of PTSD is pending as it involves a new and material evidence claim.

The veteran is seeking service connection for various disabilities he claims are related to his active military service, including radiation therapy for Hodgkin's disease. The appeal involves issues regarding the reopening of a claim and the establishment of service connection.

The Board has remanded the case due to a failure to obtain all VA medical records from Manhattan, New York. The veteran's claim for service connection for hepatitis C with liver damage will be reconsidered after obtaining these records.

The Board finds that there is no competent medical evidence to support the veteran's claims of service connection for hepatitis C and diabetes mellitus as secondary or aggravated by medications used to treat his service-connected low back disability. As a result, the claims are denied.

The Board denied the veteran's claims for service connection for hepatitis C, a dental disorder, and new and material evidence to reopen his skin disorder claim. The veteran's requests for increased evaluations for residuals of gunshot wounds of the left groin and knees were also denied. Finally, the TDIU was not granted earlier than May 8, 2001.

The Board has denied the veteran's claim for service connection for hepatitis C, finding no evidence linking his current diagnosis to his period of active service.

The veteran's claim for service connection for hepatitis C is being remanded due to the need for a new VA examination and further development of evidence.

The veteran's claims for service connection for a low back disability, right knee disability, and hepatitis C are being remanded due to the need for additional development of his medical records.

The Board finds that the evidence is in relative equipoise in showing that the currently demonstrated hepatitis C is due to disease or injury that was incurred in active service, and grants service connection for hepatitis C.

The veteran's hepatitis C was not incurred in or aggravated by active service. The Board found that the most likely route of transmission for his hepatitis C was intravenous drug use, which is considered a form of self-inflicted injury under VA regulations. As such, he cannot be granted compensation for this condition. For TDIU, while the veteran has multiple service-connected disabilities and completed three years of college, there is no evidence that these conditions are so severe as to preclude him from securing or following a substantially gainful occupation consistent with his education, training, and occupational experience.