Hepatitis C decisions — 2012

The Board denied the Veteran's claims for service connection and increased disability ratings for various conditions, finding that there was no evidence to support these claims based on the current medical records and available evidence.

The Veteran's hepatitis C is currently evaluated as 10 percent disabling under Diagnostic Code 7354, and the Board finds that his symptoms do not warrant a higher evaluation based on the evidence of record.

The Veteran's appeal is being remanded for additional development, including obtaining medical records and providing the Veteran with VA examinations to assess his current disability levels. A TDIU claim has also been raised.

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

The Board found that the causes of the Veteran's death were not related to his service or a service-connected disability, including diabetes mellitus and hepatitis C.

The Board found that the Veteran's hepatitis C with cirrhosis is related to his active service, resolving reasonable doubt in his favor.

The Veteran's claim for service connection for hepatitis C is denied as there is no evidence of a current diagnosis. The arthritis/arthralgia, chronic fatigue, pain and depression, and gastrointestinal disorder claims are dismissed due to the overlap with his service-connected rheumatoid arthritis.

The Board found that the Veteran's hepatitis C is not related to his military service, as there was no evidence of treatment for hepatitis during active duty and the first post-service diagnosis did not occur until 1990. The VA examiner opined it was less likely than not that the Veteran's hepatitis C had its onset during military service.

The Veteran's appeal is being remanded for scheduling a hearing before a Veterans Law Judge at his local RO.

The Board has remanded the case due to the need for additional development, including obtaining records from the Social Security Administration and scheduling a VA examination.

The Veteran's appeal is being remanded for additional development, including obtaining updated VA outpatient treatment records and scheduling the Veteran for examinations to assess his current disability levels and determine if service connection can be established for renal insufficiency.

The Veteran's hepatitis C has been rated at 40 percent since July 22, 2009. The VA examiner found no evidence of substantial weight loss or other indicators of malnutrition associated with the condition. There were also no incapacitating episodes during the past twelve months.

The Board found that the appellant's hepatitis C was not incurred or aggravated by service and denied his claim.

The Board found that the Veteran's hepatitis C and cirrhosis of the liver are less likely than not related to his active military service.

The Veteran's hepatitis C was not incurred in or aggravated by active military service. Service connection for an acquired psychiatric disorder, to include depression and PTSD, is not established.

The Board found that there was no factual ascertainable increase in disability prior to February 15, 2006 for the award of a 10 percent rating for hepatitis C. Therefore, an effective date earlier than February 15, 2006 is not warranted.

The Veteran was granted a combined disability rating of 70 percent for service-connected disabilities effective August 25, 2005. The Board found that the Veteran met the criteria for TDIU as of this date and confirmed the effective date of January 17, 2006.

The Board has determined that further medical examination and opinion are needed to determine the nature, etiology, and current severity of the Veteran's hepatitis C, bilateral knee disabilities, right foot disability, left foot disability, and skin condition. The case is therefore being REMANDED for these purposes.

The Veteran's claim for service connection for headaches has been reopened, and the evidence now supports this claim.,The Veteran's claims for service connection for flat feet, an acquired psychiatric disorder (major depression with psychosis), and hypertension have also been reopened. The evidence now supports these claims as well.

The Board finds that the Veteran's hepatitis C is related to his military service, resolving all reasonable doubt in favor of the Veteran.