Hepatitis C decisions — 2012

The Board has dismissed the appeal for diabetes mellitus and is remanding the remaining issues of service connection for hepatitis C, a low back disability, and postoperative residuals of a right inguinal hernia. The Veteran will be afforded VA examinations to determine the etiology of his claimed conditions.

The Board found that hepatitis C was not incurred in or aggravated by active military service and is not caused or aggravated by a service-connected disorder, including the Veteran's service-connected Crohn's disease.

The VA determined that the Veteran does not have currently diagnosed hepatitis C and therefore denied his claim for service connection.

The Veteran's appeal has been dismissed due to the death of the appellant. No jurisdiction remains for the merits of the claims.

The Board denied the Veteran's claim for service connection for hepatitis C, finding that no new and material evidence had been received. The issue of special monthly pension based on need for regular aid and attendance was also addressed but the Veteran did not meet the criteria as he required assistance with daily activities due to his physical conditions but was not bedridden or hospitalized.

The Veteran's appeal for service connection for hepatitis C has been dismissed due to his death.

The Veteran seeks service connection for hepatitis C. The Board has remanded the case due to incomplete development and need for a VA examination.

The Board found that the Veteran's hepatitis C is more likely due to his post-service drug use than his air gun injections during military service.

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

The Board found that the Veteran's tattoos were received post-service and that the evidence of record was against a finding that infection was due to air gun exposure. The VA examination conducted in September 2011 addressed all identified risk factors, including hepatitis C being not related to any in-service risk factor.

The Veteran's appeal is being remanded due to the need for additional examinations and development of his claims.

The Veteran's appeal is being remanded for further development and consideration of his claims for service connection for PTSD and hepatitis C infection.

The Board has granted service connection for left foot arthritic changes and exostoses, but denied the claims of service connection for diabetes mellitus type II and hepatitis C. The Veteran's claim for these conditions is remanded to issue a Statement of the Case.

The Board has dismissed the appeal for service connection for epilepsy due to withdrawal by the appellant. The claims for diabetes mellitus, back disability, allergies, hemorrhoids, and hepatitis C have been denied as there is no evidence of a nexus between these conditions and military service.

The Board has granted service connection for Hepatitis C and found that the veteran's current condition is causally related to his military service. The issue of an initial rating beyond 30 percent prior to January 2010 and beyond 50 percent thereafter for PTSD is being remanded.

The Board has determined that hepatitis C was incurred during active military service, and grants the Veteran's claim for service connection.

The Veteran's hepatitis C is found to be related to service, and the claim for service connection is granted.

The Veteran's nonservice-connected disabilities do not combine to 100 percent, nor is he over the age of 65 or deemed disabled by SSA. The medical evidence does not show that the Veteran is permanently and totally disabled.

The Board found that the Veteran's hepatitis C was not incurred in or aggravated by service, as there is no evidence of a current disability and the VA examiners concluded it was less likely than not caused by his military service.

The Board has remanded the case for additional development, including obtaining private treatment records and providing VCAA notice. The issues of reopening claims for hepatitis C, non-Hodgkin's lymphoma, and service connection for shortness of breath and fatigue are inextricably intertwined.