Hepatitis C decisions — 2010

The Veteran's initial ratings for Hepatitis C and Cirrhosis of the liver from July 2, 2001 to July 17, 2001 were granted at 40 percent. No higher rating is warranted during this period under either the old or new criteria.

The Veteran's hepatitis C is currently rated at 40 percent, which does not meet the criteria for a higher rating. His chronic sinusitis and allergic rhinitis are both rated at 10 percent.

The Board has remanded the case for additional development and to ensure due process. The claims for service connection for varicose veins, hepatitis C, depression, sleep disorder, and a total rating are inextricably intertwined with each other.

The Board found that the Veteran's currently diagnosed hepatitis C is not related to his military service, as it was first shown many years after discharge and linked to his drug use and high-risk sexual behavior.

The Board found that the appellant currently suffers from hepatitis C, but there is no evidence linking this condition to his military service. As a result, the claim for service connection was denied.

The Veteran's claim for service connection for hepatitis C is being remanded due to the need for a VA examination and further development of his medical records.

The Veteran's hepatitis C was diagnosed shortly after receiving blood transfusions at a VA facility, and the Board finds that there is an equal possibility of its occurrence due to carelessness or negligence by VA. As such, the appeal for benefits under 38 U.S.C.A. § 1151 is granted.

The Board has determined that the Veteran's hepatitis C manifested during active military service due to risk factors such as multiple sexual partners and needle sharing, and thus service connection is granted.

The Board has determined that there is no diagnosis of hepatitis C during the period of the claim and service connection for this condition is denied.

The Veteran's claim for service connection for hypercholesterolemia and hepatitis C was denied. The Board found that hypercholesterolemia is not a recognized disability for VA compensation purposes, while the issue of increased ratings for diabetes mellitus and peripheral neuropathy remains pending.

The Veteran's unauthorized medical expenses for emergency treatment at the Renal Hypertension Center on June 24, 2007 are approved as they met the criteria for reimbursement under VA regulations.

The Veteran's hepatitis C, status post-hepatitis A infection, was not manifested by demonstrable liver damage or mild gastrointestinal disturbance from September 18, 1977 to August 15, 2000. Therefore, the claim for an initial compensable rating is denied.

The Veteran's hepatitis C with cirrhosis is currently rated at 20 percent, effective February 9, 2004. The RO has granted service connection for cirrhosis and increased the rating of hepatitis C to 20 percent.

The Board found that the Veteran's death was not caused by a service-connected disability, and thus denied the claim for service connection for the cause of his death.

The Board has determined that the Veteran does not have a foot disability, Hepatitis C, or right shoulder disability related to her service. The claims are denied.

The Veteran's initial ratings for pruritis and hepatitis C have been granted, but the rating for pruritis has not changed from 10% prior to March 16, 2009. The Veteran received a 30% rating for pruritis beginning March 16, 2009. His initial rating for hepatitis C remains at 10%.

The Board found that the Veteran's hepatitis C was not incurred in or aggravated by service and denied his claim.

The Board has remanded the case due to the need for a VA examination to determine if hepatitis C was first manifested in service.

The Board found sufficient evidence to reopen the claim of service connection for hepatitis C, but denied reopening the claim of service connection for bipolar disorder due to lack of material evidence.

The Board denied the Veteran's claims for service connection for hepatitis C, B, drug abuse, and depression due to a lack of timely filing of a notice of disagreement.