Hepatitis C decisions — 2009

The Board has granted a rating of 40 percent for the Veteran's hepatitis C from August 21, 1998, based on daily fatigue, malaise, anorexia, with substantial weight loss and hepatomegaly. The previous lower rating is being maintained as there was no evidence of improvement.

The Board found that the Veteran's hepatitis C did not manifest during service and is not related to his military service. The claim for PTSD was characterized as a claim for a psychiatric disorder, to include PTSD.

The appellant has withdrawn his appeals for the issues of entitlement to service connection for hepatitis C, whether new and material evidence has been submitted to reopen claim of entitlement to service connection for a right knee disorder, and entitlement to an evaluation in excess of 20 percent for residuals of right ankle fracture, status post-open reduction internal fixation.

The Veteran's claims for service connection were denied. The Board found that new and material evidence had not been submitted to reopen the claim of lung disorder including pneumonia, Parkinson's disease was not incurred or aggravated during military service nor may it be presumed to have been so incurred, residuals of a staph infection, pleurisy, prostatitis, ADHD, bipolar disorder, and leg and foot disorders were not incurred or aggravated during military service nor may they be presumed to have been so incurred. The Veteran's claim for hepatitis C was also denied.

The Board has granted service connection for PTSD based on personal assaults during active duty, and the Veteran's current diagnosis of PTSD is linked to these in-service incidents.

The Board has determined that the Veteran's hepatitis C and hepatitis B were not incurred in service due to his own abuse of drugs, thus denying service connection for both conditions.

The Veteran's appeal is remanded due to the need for further development, including obtaining SSA records and affording a VA examination regarding hepatitis C.

The Veteran's claims for service connection and a rating in excess of 30 percent for hepatitis B were denied. The claim for TDIU was also denied.

The Board denied the Veteran's petition to reopen his claim of service connection for hepatitis C, finding that no new and material evidence had been submitted.

The Board found that the Veteran's hepatitis C is not related to his time in service and denied his claim for service connection.

The Veteran's appeal is being remanded for a VA examination to assess the current severity of his service-connected hepatitis C, as he reported experiencing increased symptoms.

The Veteran's service-connected disabilities, including hepatitis C and dysthymic disorder (now evaluated as major depressive disorder), prevented him from obtaining and retaining substantially gainful employment prior to March 28, 2006. The Board granted a TDIU for this period.

The Board denied service connection for PTSD and Hepatitis C, finding that the Veteran did not meet the criteria for these conditions based on his in-service stressors or exposure. The Veteran's claims were also found to be without merit due to a lack of credible supporting evidence.

The Board has determined that hepatitis C was incurred during active military service and granted service connection. However, the criteria for an earlier effective date for the grant of service connection for diabetic neuropathy of the left upper extremity, right upper extremity, and left lower extremity have not been met.

The Veteran's hepatitis C symptoms as of January 10, 2007 included occasional fatigue and abdominal pain. The VA determined that these symptoms did not warrant a rating higher than the current 20 percent.

The Board dismissed the appeal due to the Veteran's death, as it has no jurisdiction to adjudicate the merits of a claim after the appellant's death.

The VA denied an increased rating for hepatitis C, currently evaluated at 20 percent disabling.

The Board has denied the Veteran's claim for service connection for hepatitis C, finding that there is no evidence of a chronic condition during service or an applicable presumptive period, and no showing of continuity of symptomatology after service. The Board also noted that there was no medical evidence linking the current diagnosis to in-service exposure.

The Board denied the Veteran's claims for service connection for an acquired psychiatric disorder, hepatitis C, and a herniated disc. The reasons were that there was no evidence of in-service stressors for PTSD, no medical evidence linking current symptoms to service or any diagnosed condition, and no evidence of a herniated disc during service.

The Board finds that hepatitis C was incurred in service and grants the claim for service connection.