Hepatitis C decisions — 2012

The Board has determined that the Veteran does not currently suffer from hepatitis C or chronic residuals thereof, and therefore service connection for this condition is denied.

The Board finds that the Veteran's death was not caused by, or substantially or materially contributed to by, a disability incurred in or aggravated by his active duty service. The disabilities causing the Veteran's death were not manifested during his military service or for many years thereafter, nor were any of them otherwise related to his service.

The Board has granted a 100 percent evaluation for service-connected hepatitis C, effective from January 12, 2011. The Veteran's symptoms include near-constant debilitating fatigue, malaise, right upper quadrant pain, and nausea.

The Board has determined that the Veteran does not have a current diagnosis of hepatitis C or an acquired psychiatric disorder, including PTSD. The claim for service connection is denied.

The Board found that the Veteran does not have hypertension or hepatitis, to include hepatitis B and C with cirrhosis of the liver, that was caused by active military service.

The case is REMANDED to the RO for additional development, including obtaining records from the Texas Department of Justice and requesting an addendum from the June 2010 examiner. The Veteran's claims will be re-adjudicated following this development.

The Board has remanded the case for further development due to delays in communication and the need for a new VA examination. The Veteran's claim of service connection for hepatitis B and hepatitis C, including jaundice as a manifestation thereof, is pending.

The Board has remanded the case for additional development, including obtaining medical records and scheduling a VA examination to assess the Veteran's service-connected cirrhosis and hepatitis C. The appeal is also remanded due to the inextricability of the TDIU claim from other issues.

The Board has determined that new and material evidence was not received to reopen the claim for service connection for type II diabetes mellitus. The Veteran's sleep apnea is not shown to have developed as a result of an established event, injury, or disease during active service. Hepatitis C is shown to have developed as a result of exposure to blood during a rescue operation in active service and liver cancer is proximately due to the Veteran's hepatitis C.

The Board finds that the Veteran's hepatitis C is not related to his active service, and affirms the denial of service connection.

The Veteran's service is not considered to meet the criteria for basic eligibility for VA nonservice-connected pension benefits due to insufficient qualifying military service during a period of war.

The Veteran's claim for an increased rating for his service-connected hepatitis C is being remanded due to the need for additional medical records and a VA examination.

The Veteran's hepatitis C has been rated at 40 percent, but the evidence does not support a higher rating as there is no indication of substantial weight loss or incapacitating episodes.

The Veteran's appeal for service connection for hepatitis C has been withdrawn, resulting in the dismissal of his case.

The VA denied the claim for an increased evaluation of hepatitis B, finding that there was no evidence of persistent or recurrent symptoms. The claims for service connection for hypertension and glaucoma remain unresolved.

The Board is remanding the case to consider a claim for benefits under 38 U.S.C.A. � 1151 and obtain additional development, including obtaining VA treatment records and another VA opinion.

The Board denied the Veteran's claims for increased evaluations and initial compensable evaluations, as well as his reopenings of service connection claims. The decision also noted that new and material evidence had been submitted to reopen some of these claims.

The Veteran's appeal for a TDIU since July 27, 2002 has been withdrawn prior to the Board issuing a decision.

The Veteran's claims for service connection for Hepatitis C and infertility are being remanded due to the need for additional development, including obtaining missing service treatment records and VA medical records. A VA examination is also required to determine if these conditions are related to his active service.

The Veteran's service-connected hepatitis C has been manifested by fatigue, malaise, nausea, vomiting, anorexia, and arthralgia without minor weight loss or hepatomegaly. The criteria for a higher initial disability rating have not been met.