Hepatitis C decisions — 2011

The Veteran's acquired psychiatric disabilities, other than PTSD, are found to be related to service. Service connection for hepatitis C is denied.

The Veteran's claims for service connection for residuals of a stab wound to the abdomen, splenectomy, hepatitis C, and GBS have been denied as his statements regarding in-service events are not credible.

The Board has denied the Veteran's claims of service connection for schizophrenia and hepatitis C. The Board found that there is no evidence to support a diagnosis of schizophrenia, and concluded that any current psychiatric disability is due to a personality disorder that existed prior to service and was not aggravated by service. For hepatitis C, the Board determined that there is insufficient evidence to establish its onset during service.

The Veteran's hepatitis C disability results in marked interference with employment, warranting a higher initial 40 percent rating on an extra-schedular basis. The combined service-connected disabilities meet the schedular percentage criteria for TDIU.

The VA Director for Compensation and Pension Service denied an extraschedular evaluation for the Veteran's service-connected hepatitis C from July 15, 2005 through June 30, 2006 because the available schedular evaluations were adequate to describe his disability level and symptomatology.

The Veteran's hepatitis C was rated at a 60 percent evaluation from June 27, 1994 to June 30, 1996 and since July 4, 2000. The rating remained unchanged for the period between July 1, 1996 and July 3, 2000.

The Board has granted service connection for hepatitis C, finding that the Veteran's current diagnosis is related to his active military service. The issue of entitlement to a total rating based on individual unemployability due to service connected disabilities remains pending and will be remanded.

The Veteran's hepatitis C is related to service and the Board has granted entitlement to service connection.

The Board has determined that there was inadequate notice provided to the Veteran regarding new and material evidence necessary to reopen his claim of service connection for hepatitis C, and thus remands the case back to the RO for proper notification.

The Board has granted service connection for hepatitis C and lichen planus, finding that the Veteran's conditions are related to his active military service.

The Board has determined that the Veteran's death was not caused by, or substantially or materially contributed to, a disability incurred in or aggravated by active service. The claims of service connection for the cause of the Veteran's death, entitlement to DIC under § 1318, and entitlement to DEA benefits have been denied.

The Veteran's claims for increased ratings and TDIU prior to July 10, 2009 were denied as there was no evidence of unemployability due solely to his service-connected disabilities.

The VA determined that the appellant's hepatitis C did not meet the criteria for a higher rating since July 2002, as his symptoms have not been severe enough to warrant an evaluation higher than 10 percent.

The Board has remanded the case due to inadequate examination and new evidence submitted by the Veteran. A new VA examination is required to determine if hepatitis C is related to service.

The Veteran's hepatitis C is currently rated as noncompensable, but the Board has determined that a 10% rating is warranted. The cervical spine disability is rated as noncompensable and service connection is granted.

The Veteran died from hepatic encephalopathy due to hepatitis C. The appeal involves service connection for the cause of death, DIC under 38 U.S.C.A. § 1151, and dependent's educational assistance. The claims are remanded as new evidence is needed and VA records related to the liver transplantation application must be obtained.

The Board finds that hepatitis C was incurred during active service and grants the claim for service connection.

The Veteran's anxiety disorder was granted a 30 percent rating, effective from June 2010. The claim for hepatitis C remains pending.,Service connection for an anxiety disorder has been established, but the denial of service connection for hepatitis C means that this condition is not considered service-connected.

The Board has ordered additional development to obtain medical records and conduct examinations to determine the appellant's need for regular aid and attendance or housebound status.

The Board found no evidence of Hepatitis C in service or due to herbicide exposure, and thus denied the Veteran's claim for service connection.