Hepatitis C decisions — 2013

The Veteran's claims for hepatitis C, cirrhosis of the liver, stomach bleeding, fatigue, hepatic encephalopathy, and esophageal varices are inextricably intertwined with his claim for service connection. The case is REMANDED to obtain VA examinations and medical opinions regarding the nature and etiology of each condition.

The Board is remanding the case to obtain additional medical opinions regarding the Veteran's hepatitis C and alcohol abuse, as well as their relationship to his service-connected PTSD. The appellant will also be provided an opportunity to identify any healthcare providers who treated her husband for these conditions.

The Board has remanded the case for further development due to a lack of consideration of relevant medical evidence and an incomplete VA examination.

The Board denied the Veteran's claims for service connection for hepatitis C and bilateral hearing loss, finding that new and material evidence had not been submitted to reopen these claims.

The Board denied the Veteran's claims for service connection of a low back disorder, right tibia disorder, and hepatitis C. The decision found that new evidence did not raise a reasonable possibility of substantiating these claims.

The Veteran has withdrawn his appeals for an increased rating for degenerative disc disease of the lumbosacral spine and service connection for PTSD, hypertension, peptic ulcer disease, and hepatitis C.

The Veteran withdrew his appeals for all issues on appeal.

The Board has determined that the Veteran's hepatitis C is etiologically related to his in-service risk factors, including exposure to air guns and sharing razors. As a result, service connection for hepatitis C is granted.

The Board found that the Veteran's hepatitis C is not related to his active duty service, particularly air jet injector inoculations. The claim for a psychiatric disorder was denied as there is no evidence showing it was incurred coincident with or related to his active duty service.

The Veteran has withdrawn his appeal regarding the issues of hepatitis C, residuals of a stroke, cervical spine disability, and psychiatric disability. The Board does not have jurisdiction to decide these matters.

The Board finds that the Veteran's hepatitis C and resulting cirrhosis do not meet the criteria for a rating in excess of 20 percent, as there were no incapacitating episodes or objective findings of malaise, anorexia, hepatomegaly, or minor weight loss attributable to the conditions. The effective date for the award of a 20 percent disability evaluation is granted as December 16, 2008.

The Board finds that the evidence is at least in relative equipoise on whether the Veteran's hepatitis C and acquired psychiatric disorder are related to service. Service connection for both conditions is granted.

The Board has granted service connection for herpes simplex labialis (HCV1) but denied service connection for herpes simplex genitalis (HCV2). The Veteran's claim for a compensable evaluation for her post-cystectomy ovarian cyst residuals is pending and remanded.

The Board found that hepatitis C was not incurred or aggravated during service and denied the Veteran's claim for service connection.

The Veteran's claim for hepatitis C was received on July 16, 1999. The effective date of service connection is set at that time.

The Board has determined that a VA examination is needed to clarify the etiology of the Veteran's claimed hepatitis C, and to determine if it was incurred in service. The appeal will be remanded for this purpose.

The Board has determined that the Veteran's hepatitis C is etiologically linked to his military service and grants service connection for this condition.

The Board has granted service connection for hepatitis C and an acquired psychiatric disorder, including PTSD, finding that the Veteran's current conditions are related to his active service.

The Board has determined that the Veteran's hepatitis C is not related to his service, and therefore denied his claim for service connection.

The Board found that hepatitis C and cirrhosis of the liver were not incurred or aggravated during service, as there is no evidence of such in the service records. The VHA expert concluded that it was less likely than not that these conditions were related to any event or disease in service.