Hepatitis C decisions — 2009

The Veteran's claim for service connection for hepatitis C is being remanded due to the need for additional development, including an examination and opinion regarding the etiology of his condition.

The Veteran's liver disorder claim was denied as there is no evidence of a current liver disorder, and the Board finds that any such disorder is not related to service or service-connected conditions.,There is no separate chronic left leg disability. The Veteran's low back disorder radiates into the left leg but does not constitute a separate condition.

The Veteran's HIV-related illnesses, chronic hepatitis C, and cirrhosis of the liver have been granted increased ratings effective October 24, 2008. The Veteran is now receiving full benefits for these conditions.

The Veteran's claims for service connection for various conditions were denied. The Board found no current disabilities for the claimed conditions and concluded that there was insufficient evidence to establish a link between any of these conditions and active service.

The Board has determined that the Veteran's Hepatitis C was not incurred in or aggravated by service, and therefore denied his claim for service connection.

The Veteran's hepatitis C was rated at 20 percent since October 17, 2006. The rating is based on daily fatigue and malaise without evidence of weight loss or hepatomegaly.

The Board denied service connection for PTSD, bilateral hip residuals, post-operative residuals of bilateral hip replacements, stomach disorder with history of chronic pancreatitis, and hepatitis C. The Veteran's claims were not supported by competent medical evidence linking these conditions to his military service.

The Board found no evidence of a relationship between the Veteran's diagnosed conditions and his military service, including exposure to herbicides or asbestos. Therefore, service connection was denied for chronic lymphocytic leukemia and hepatitis C.

The Veteran's death was not caused by a service-connected disability, and therefore, the claim for service connection for cause of death is denied.

The Board has determined that the Veteran's PTSD is incurred in service and grants service connection for PTSD. The claim of entitlement to service connection for Hepatitis C remains pending as it was not addressed by the August 2004 rating decision.

The Veteran's low back, knee, hip, and psychiatric conditions are being remanded for further examination and development. The claims for hepatitis C will also be remanded.

The Veteran does not have hepatitis C as a result of VA medical treatment, and the Board finds that his claim is denied.

The Veteran's claims for initial compensable rating for Hepatitis C and service connection for a skin disorder (lipomas) have been denied. The Board found no evidence of chronic or recurrent symptoms related to these conditions during service, and the Veteran did not provide new and material evidence to reopen his claims for bilateral hearing loss and tinnitus.

The Board denied the Veteran's claims for service connection and increased ratings for his right and left knee disabilities, low back disability, hepatitis C, and multiple forehead scars. The Veteran is currently rated at 40% for his degenerative disc disease of the lumbar spine.

The Veteran's claim for service connection for hepatitis C is being remanded due to the need for further medical nexus opinions and records.

The Veteran's hepatitis C was not incurred in or aggravated by his military service. The Board found no competent evidence establishing an etiological connection between the Veteran's hepatitis C and service.

The Board found that the Veteran's eye disorder is not related to or chronically worsened by his service-connected hepatitis C, and therefore denied secondary service connection for an eye disorder.

The Board has reopened the Veteran's claim and found that new evidence supports a finding of service connection for hepatitis C, resolving doubt in favor of the Veteran.

The Board has determined that the Veteran's hepatitis C with cirrhosis is related to his service-connected residuals, cerebral contusion with personality change and chronic PTSD. Therefore, service connection for hepatitis C with cirrhosis is granted.

The Board found that the Veteran's hepatitis C is more likely due to his IV drug use during service, which constitutes willful misconduct and thus precludes service connection.