Hepatitis C decisions — 2010

The Veteran's appeal is being remanded to obtain additional service records and provide a VA examination for his Meniere's disease of the right ear. The issues of entitlement to service connection for hepatitis C, left leg disorder, left toe disorder, hypothyroidism, and TDIU are also pending.

The Board has remanded the case for further development, including a VA examination to determine the nature and etiology of the Veteran's hepatitis C disability. The issues of service connection for hepatitis C and amputation due to osteomyelitis are also being addressed.

The Board determined that the Veteran's cause of death, hepatocellular carcinoma due to hepatitis C, was not incurred in or aggravated by active service and was not related to a service-connected disability. The Board found no evidence of a blood transfusion during service and concluded that hepatitis C infection is typically transmitted parenterally.

The Veteran's service-connected hepatitis C has been granted, but the RO assigned a noncompensable (0%) rating. The Veteran is seeking a higher initial disability rating.

The Veteran does not have hepatitis C that is attributable to his active military service.

The Veteran's hepatitis C is in remission with no viral markers detected. He does not experience incapacitating episodes, weight loss, hepatomegaly, or right upper abdominal quadrant pain. The Board finds that a rating in excess of 20 percent for hepatitis C is not warranted.

The Veteran's appeal was withdrawn regarding hepatitis C. The Board denied service connection for arthritis of the back, neck, right shoulder, right arm, right leg, left leg, and left arm due to lack of new and material evidence.

The Board finds that the Veteran's hepatitis C is related to his in-service use of IV drugs and high-risk sexual activity. Service connection for a left leg condition and a left shoulder condition are denied as there is no evidence of chronic conditions during service or continuity of symptomatology following service.

The Veteran is found to be in need of regular aid and attendance due to his multiple nonservice-connected disabilities, including HIV/AIDS, hepatitis C, umbilical hernia, and limitation of cervical spine motion. As a result, he is entitled to special monthly pension based on the need for aid and attendance.

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