Hepatitis C decisions — 2013

The Veteran's claim for an initial disability rating higher than 10 percent for Hepatitis C was granted, and he is now receiving a 10 percent rating retroactively effective from August 31, 2009.

The Veteran's appeal is being remanded for additional development, including obtaining Social Security Administration records and medical records from Heidelberg hospital and Landstuhl U.S. Army Medical Center.

The Veteran's claims for service connection for PTSD and Hepatitis C were denied, while his claim for an earlier effective date for TDIU was also denied. The Board found that the Veteran did not meet the criteria for a higher disability rating or an earlier effective date.

The Veteran's claims for hepatitis C, erectile dysfunction secondary to laryngeal cancer, and TDIU are being remanded due to the need for additional VA examinations and consideration of recent medical records.

The Board has determined that a remand is necessary to obtain an opinion regarding the etiology of the Veteran's hepatitis C, as well as to ensure all relevant evidence has been considered in adjudicating the claim.

The Veteran's claim for service connection for hepatitis C virus is remanded due to the need for additional development, including obtaining in-patient treatment records and a VA examination.

The Board has remanded the claim due to further development being required before it can be decided on appeal. The Veteran's Hepatitis C is presumed to have been incurred during service, but a medical opinion is needed to determine its exact cause.

The Board found that the Veteran's hepatitis C is related to his own willful misconduct in using illicit drugs, specifically cocaine use. Service connection for this condition was denied.

The Board found that the Veteran's hepatitis C did not have its onset during his active military service and was not caused by an event, injury or disease in service. Therefore, the claim for service connection for hepatitis C is denied.

The Veteran's claims for service connection for hepatitis C and cirrhosis of the liver have been dismissed due to the death of the appellant.

The Veteran's service-connected hepatitis C and sleep apnea prevent him from engaging in substantially gainful employment, but the VA examiner opined that he could perform light and sedentary work at times when not having episodes due to hepatitis C. The case is referred for consideration of an extraschedular TDIU rating.

The Veteran's hepatitis C is related to service and the Board has granted her claim for service connection.

The Veteran's appeal is being remanded to the RO for additional development, including scheduling a video conference hearing.

The Veteran's liver disorder with history of hepatitis C has not been manifested at any time during the appeal period by symptoms more nearly approximating daily fatigue, malaise, and anorexia (without minor weight loss and hepatomegaly), requiring dietary restriction or continuous medication; or by incapacitating episodes (with symptoms such as fatigue, malaise, nausea, vomiting, anorexia, arthralgia, and right upper quadrant pain).

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

The Board has reopened the Veteran's previously denied claim of entitlement to service connection for a liver disability, including hepatitis C and cirrhosis of the liver. The evidence received since the May 2004 rating decision raises a reasonable possibility of substantiating the claim. Resolving all doubt in favor of the Veteran, the criteria for service connection for hepatitis C have been met.

The Board has determined that the Veteran's acquired psychiatric disability, adjustment disorder with depressed mood, is not related to his service and therefore denied service connection for this condition. The claims of service connection for hepatitis C and a skin disability (claimed as a skin rash) are also denied.

The Board determined that the reduction in the Veteran's disability rating from 20 percent to 10 percent was legally proper based on sustained improvement in his hepatitis C symptoms.

The Board found that hepatitis C was not incurred in or aggravated by service, as there is no evidence of a diagnosis during active duty and the condition is unrelated to service.

The Veteran's appeal is being remanded due to the need for additional examinations and development of her claims, particularly regarding her Hepatitis C and lumbosacral strain.