Hepatitis C decisions — 2011

The Board found that the appellant's low back disability and Hepatitis C were not incurred or aggravated during service, and thus denied both claims.

The Veteran's hepatitis C with cirrhosis and stage 3 fibrosis is currently rated at 40 percent, effective January 30, 2007. The appeal for higher ratings has been denied.

The VA denied the Veteran's claim of service connection for hepatitis C, concluding that there is no evidence to support a link between his current condition and his military service.

The Board found that the Veteran's hepatitis C, cirrhosis of the liver, and cholecystectomy were not incurred or aggravated by active service. The claims for secondary service connection to herbicide exposure were also denied.

The Veteran's claims for service connection have been reopened and are granted. Service connection is established for a low back disorder, including sciatica of the bilateral lower extremities, and an acquired psychiatric disorder. However, there is no evidence to support her claim for hepatitis C or special monthly compensation based on anatomical loss of a creative organ.

The Board has granted service connection for hepatitis C and is remanding the issue of service connection for an acquired psychiatric disorder to allow for further development.

The Board has denied the Veteran's claims for service connection for prostate cancer, hepatitis C, and bilateral hearing loss due to a lack of evidence linking these conditions to his active service.

The Veteran's appeal is remanded to the RO for further development, including adjudicating a claim for an increased rating for left shoulder strain and readjudicating the T/R claim on appeal based on consideration of all service-connected disabilities. The RO must also furnish the Veteran with a Supplemental SOC regarding his hepatitis C rating.

The Board denied the Veteran's claim for additional compensation for a dependent spouse and service connection for an acquired psychiatric disorder, to include PTSD. The issue of hepatitis C was also addressed but not decided due to its inextricability with the other issues.

The Veteran's hepatitis C has not resulted in any incapacitating episodes or dietary restrictions, and thus does not meet the criteria for a rating higher than 10 percent.

The Board found that the Veteran's hepatitis C was not incurred in or related to his military service, and denied the claim.

The Veteran's claim for a higher rating for hepatitis C was denied as the evidence did not meet the criteria for a 40% evaluation prior to April 20, 2010.

The Board has determined that the Veteran's hepatitis C is service-connected, as it was incurred during his active duty. The effective date remains unchanged at March 20, 2007.

The Veteran's service-connected hepatitis C is manifested by daily fatigue, right upper quadrant pain, malaise, nausea, and slight hepatomegaly. The Board finds that a 40 percent evaluation is warranted based on these symptoms.

The Board has determined that the Veteran's hepatitis C is not service-connected due to his willful misconduct during military service, specifically his history of intravenous drug use. The Board found no evidence linking his current hepatitis B and C diagnoses to service.

The Board finds that it is as likely as not the Veteran's hepatitis C is related to his active service, and grants service connection for hepatitis C.

The Board has granted the Veteran's claim of service connection for hepatitis C, finding that his current condition is related to his military service. The evidence submitted since the final denial supports this conclusion.

The Veteran's prostate cancer is presumed due to his Vietnam service, and he has been granted service connection. However, there is no evidence linking the Veteran's hepatitis C to his military service.

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

The Veteran's appeal is remanded due to the need for a new VA examination and consideration of additional medical records, including those from June 2009 onwards. The case will be readjudicated after these actions.