Hepatitis C decisions — 2009

The Board has remanded the case due to the need for further development of the record, including a VA examination to determine if the Veteran's hepatitis C is related to his military service.

The Board has determined that new and material evidence has not been submitted to reopen the Veteran's claims for hepatitis C and non-Hodgkin's lymphoma. The claim for shortness of breath and fatigue is also denied as there is no service connection.

The Veteran's hepatitis C and secondary cancers of the stomach, pancreas, and bile ducts were not shown to have been incurred or aggravated by military service. The Veteran's Hodgkin's lymphoma was also not shown to be related to his period of active duty.

The Board denied the Veteran's claim to reopen his hepatitis C service connection, finding that new and material evidence had not been received.

The Board 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 Veteran is seeking an increased rating for his service-connected Hepatitis C. The VA examiner found that the Veteran's fatigue and malaise are caused by hepatitis C, but concluded that they are not service-connected due to a misinterpretation of facts.

The Board has determined that the Veteran's claims for service connection have been denied as new and material evidence was not submitted to reopen his right knee injury claim, and he does not meet the criteria for service connection for other conditions.

The Board has remanded the case due to the need for a VA examination and additional development of the Veteran's claims for hepatitis A, B, and C.

The Veteran's service-connected residuals of a perforated left eardrum and bilateral hearing loss are not rated higher than noncompensable.,Service connection for hepatitis C, PTSD, and an acquired psychiatric disorder other than PTSD is denied.

The Board denied the Veteran's claim for an evaluation in excess of 40 percent disabling for hepatitis C, finding that his condition did not warrant a higher rating based on the symptoms described.

The Board has determined that the Veteran's hepatitis C was not incurred or aggravated during active service and denied his claim for service connection.

The Board has remanded the case for further development due to uncertainty regarding the etiology of the Veteran's hepatitis C and post-service risk factors.

The Board has decided to remand the case for additional development, including obtaining SSA records and Barnes-Jewish Hospital treatment records.

The Board has determined that the Veteran's PTSD is not service-connected due to lack of credible supporting evidence for the claimed in-service stressors. The claim for hepatitis C compensation under 38 U.S.C.A. § 1151 remains pending and will be remanded for further investigation.

The Board has denied the Veteran's claims for service connection for right hand condition, to include Raynaud's phenomenon and hepatitis C. The evidence does not establish that these conditions were incurred in or aggravated by military service.

The Board has determined that the Veteran's death was due to his service-connected hepatitis C, which contributed substantially or materially to his cause of death. Service connection for the cause of death is granted.

The Veteran's claim for service connection for PTSD and hepatitis C is being remanded due to the need for additional development, including a VA examination.

The Board has remanded the case for further action, including clarification of representation and potential rescheduling of a hearing.

The Board denied the appellant's request to reopen her claim for service connection for cause of death due to Hepatitis C and Major Depression, finding that new evidence did not raise a reasonable possibility of substantiating the underlying claim.

The Board is remanding the case to allow the Veteran to submit new and material evidence for his claims of service connection for hepatitis C, PTSD, and a blood disease. The RO/AMC will also provide the Veteran with VCAA notice as required by Kent v. Nicholson.