Hepatitis C decisions — 2012

The Veteran's service-connected PTSD, rated at 70 percent disabling, meets the threshold requirement for special monthly compensation by reason of being housebound due to his TDIU status. He does not meet the criteria for aid and attendance benefits.

The Veteran's appeal is being remanded due to the need for additional medical evidence and consideration of his TDIU claim. The case will be returned to the RO for further action.

The Veteran's hepatitis C is found to be related to his active duty service, and he is granted service connection for this condition. The Board finds that the evidence does not support a finding of direct service connection for his right ankle bursitis or left ankle disorder, nor can it be determined if these conditions are secondary to any service-connected disability.

The Board has determined that the Veteran's cause of death, arteriosclerotic heart disease resulting in coronary insufficiency and myocardial failure, was not caused by or substantially contributed to his death by a service-connected disability.

The Veteran's claim for a permanent and total disability rating for nonservice-connected pension purposes is being remanded due to the need for additional medical examination and consideration of Social Security Administration (SSA) records.

The Board denied service connection for hepatitis C and rheumatoid arthritis. For hepatitis C, the Veteran's claim was based on direct evidence of a disease in service without any other theories of entitlement being considered. For rheumatoid arthritis, no theory of entitlement was provided.

The Board found that the Veteran's hepatitis C did not have its onset during service and is not otherwise etiologically related to his active service, thus denying the claim for service connection.

The Board has remanded the case due to inadequate examination and new evidence submitted by the Veteran. The claim will be re-adjudicated based on all available information.

The Board denied reopening the claim for service connection for hearing loss and denied service connection for tinnitus and hepatitis C. The Veteran's application to reopen his claim was not timely, as he did not appeal the July 2006 rating decision.

The Veteran's service-connected disabilities did not render him incapable of obtaining and maintaining substantially gainful employment prior to November 3, 2008.

The Board has reopened the Veteran's claim of service connection for hepatitis C based on new and material evidence. However, further development is needed to verify his allegations of exposure to risk factors in service.

The Board has determined that the Veteran's hepatitis C is not related to his service, and thus denied his claim for service connection. The issue of an initial rating in excess of 50 percent for generalized anxiety disorder remains before the Board.

The Board has determined that new and material evidence has been received to reopen the claim of entitlement to service connection for hepatitis C virus (HCV). The Veteran's current diagnosis of HCV is supported by recent lab reports and prison medical records, and there is a possibility that it may be linked to air-gun inoculations. However, further development is needed to confirm the etiology of the condition.

The Veteran is seeking compensation under 38 U.S.C.A. § 1151 for hepatitis C as a result of treatment at a VA medical facility in 1956. The case is being remanded to obtain additional records and determine the cause of his current diagnosis.

The Veteran's appeal involves two issues: a request for an increased rating for hepatitis C and a claim for TDIU based on the disability. The case is being remanded to obtain additional medical records, arrange for a VA examination, and adjudicate both claims.

The Veteran's death was not caused by any service-connected disability, and the Board finds no evidence linking his death to service or a service-connected condition.

The Board found that the Veteran does not currently have Hepatitis A, B, or C and there is no evidence of service connection for these conditions.

The Veteran's claim for an increased rating for service-connected hepatitis C was denied. The Board found that the evidence did not meet the criteria for a higher rating under Diagnostic Code 7354, as there were no findings of daily fatigue, malaise, and anorexia requiring dietary restriction or continuous medication.

The Board found that there is no medical evidence linking the Veteran's current hepatitis C to his military service, and thus denied the claim for service connection.

The Veteran's appeal is being remanded for additional development including VA examinations and the provision of updated medical records. The issues are service connection for hepatitis C and an initial increased rating for diabetes mellitus, type II.