Hepatitis C decisions — 2012

The Veteran's disabilities do not meet the schedular requirements for a permanent and total disability rating for VA pension purposes, as they do not permanently preclude him from engaging in all forms of substantially gainful employment.

The Board has determined that the Veteran's death was caused by his service-connected PTSD and associated alcohol addiction, warranting service connection for the cause of death. The issue of special monthly compensation based on aid and attendance or housebound criteria is remanded.

The Board finds that the preponderance of the evidence is against the Veteran's claim of service connection for hepatitis A, B, and C, including as secondary to herbicide exposure. The in-service hepatitis was not a chronic condition and there is no competent medical opinion linking current hepatitis B and C to service.

The Board denied the Veteran's claims for service connection for hepatitis C, tuberculosis, and PTSD. The VA medical examination provided in September 2009 satisfied the obligation of the VA to provide a medical opinion that is adequate for rating purposes.

The Board has determined that the Veteran does not have a current diagnosis of right ear sensorineural hearing loss or hepatitis C, and therefore, service connection for these conditions is denied.

The Board has determined that the Veteran's hepatitis C is related to service, and thus grants his claim for service connection.

The Board has reopened the Veteran's claims for service connection for a back disability, neck and shoulder disabilities, and hepatitis C. The evidence submitted since the final decisions is new and material, raising a reasonable possibility of substantiating these claims.

The Veteran's claims for service connection are being remanded due to the need for additional medical records and opinions.

The Board denied the Veteran's request to reopen his claim of service connection for hepatitis C, finding that new and material evidence had not been received.

The Board has determined that hepatitis C was incurred in service and granted the Veteran's claim for service connection. The issue of major depressive disorder, claimed as secondary to hepatitis C, is remanded.

The Veteran's claim for service connection for hepatitis C is being remanded due to the need to obtain additional records from SSA and provide a supplemental opinion regarding the relationship between his hepatitis C and in-service injections.

The Veteran's hepatitis C is not service-connected as it did not manifest during her period of active duty and there is no evidence linking the condition to a risk factor or incident of service. The psychiatric disorder claim has been denied due to lack of credible evidence establishing continuity of symptomatology since service.

The Veteran's appeals for service connection for asbestos exposure and Hepatitis B and C were granted. The claims for a back disorder, residuals of a collapsed lung, and an increased rating claim for the fibula disability are still pending.

The Veteran's hepatitis clearly and unmistakably pre-existed service, and there is no evidence of aggravation during service. Therefore, the claim for service connection for hepatitis C is denied.

The Board denied service connection for hepatitis C and cirrhosis of the liver as there was no evidence showing these conditions were incurred in or related to military service.

The Veteran's TDIU was granted retroactively effective from January 26, 2002. The earliest possible effective date for the grant of this TDIU is when he filed his underlying claims for service connection for diabetes mellitus and Hepatitis C.

The Board found that the Veteran's current diagnosis of hepatitis C is not related to his military service and denied his claim for service connection.

The Board found that the Veteran's service connection for Hepatitis C should be severed due to his self-inflicted gunshot wound, which was not in the line of duty and constituted willful misconduct.

The Board denied the Veteran's claims for service connection for a bilateral knee disability, Hepatitis C, and an increased rating for his service-connected pes planus. The appeal regarding the temporary total disability rating based on hospitalization in August 2005 was also denied.

The Veteran's claim for service connection for hepatitis C and TDIU is being remanded due to the need for additional development, including a VA examination by a board-certified hepatologist.