Hepatitis C decisions — 2011

The Board found that the Veteran's hepatitis C, heart disorder, and low back disorder are not related to his military service. The claims for these conditions were denied.

The Veteran's hepatitis C was manifested by daily fatigue, malaise, nausea and vomiting from October 26, 2007 until December 29, 2008. During this period, he experienced substantial weight loss (183 pounds to 161 pounds) without hepatomegaly or other significant liver disease manifestations.

The Veteran's Hepatitis C did not have onset in service and was not caused or aggravated by the Veteran's active military service. Therefore, the claim for service connection is denied.

The case is being remanded to the RO for scheduling a Travel Board hearing as requested by the appellant. The evaluation for bilateral hearing loss from May 16, 2008 remains pending.

The Veteran's lumbar spine injury and acquired psychiatric disorder (PTSD) are not service-connected.,Service connection for hearing loss is not addressed in this decision.

The Board has determined that the Veteran's hepatitis C is not etiologically related to his active duty service, and therefore denied the claim.

The Board found that the Veteran's hepatitis C was not incurred or aggravated during his active duty service and is instead attributable to post-service risk factors such as drug use, alcohol abuse, and multiple sexual partners. As a result, the claim for service connection for hepatitis C was denied.

The Veteran's claim for service connection for hepatitis C is being remanded due to the failure to report for a VA examination scheduled on March 22, 2011. The Veteran will be given another opportunity to undergo an appropriate VA examination.

The Veteran's claims of service connection for an acquired psychiatric disability and hepatitis C are being remanded due to the need for additional development, including obtaining records from Kuwe Hospital in Okinawa, Japan, and arranging for a VA examination.

The Board found no evidence of a service connection for hepatitis C and associated liver disability, as the Veteran's only risk factor was sexual contact with an individual who had been diagnosed with hepatitis C. However, the medical evidence showed that he was first diagnosed with hepatitis C approximately 18 years after his military service ended, which is not considered a valid basis to grant this claim.

The Board found that the appellant's hepatitis C was not incurred in or aggravated by active service and is more likely a result of his own intravenous drug use.

The Board found that the Veteran's hepatitis C was not due to carelessness, negligence, or similar instance of fault on the part of VA in 2001 and/or 2006. Therefore, the claim for compensation under 38 U.S.C.A. § 1151 is denied.

The Veteran's claim for non-service-connected disability pension was granted with an effective date of December 7, 2004. The Board found that the hospitalizations he experienced were due to willful misconduct and did not qualify as sufficiently incapacitating to prevent him from filing a claim.

The Veteran's hepatitis C is manifested by near-constant debilitating symptoms such as fatigue, malaise, and weakness, including right side abdominal pain and tenderness. The Board has granted a 100 percent schedular rating for the service-connected HCV.

The Veteran's appeal is being remanded to the RO for scheduling a Travel Board hearing at the RO. The issues include reopening his claim of service connection for sterility and various other conditions.

The Veteran's service-connected Hepatitis C with cirrhosis is not shown to meet the criteria for a higher rating than 40 percent.

The Board has dismissed the appeal due to the Veteran's death, and no jurisdiction remains to adjudicate the merits of the case.

The Board found no evidence to support the Veteran's claims of service connection for a back disability, hepatitis C, and left ankle disability. The VA examiners concluded that these conditions are not related to his military service.

The Veteran's appeal is being remanded due to scheduling issues for a Travel Board hearing. The claims for service connection and TDIU are still pending.

The Board found that the veteran's hepatitis C did not have its onset during service and was not aggravated by service, thus denying his claim for service connection.