Hepatitis C decisions — 2014

The Board found that the Veteran's hepatitis C was less likely than not incurred in or caused by his military service, attributing it to post-service drug use.

The Veteran's death was caused by hepatitis C, which the Board finds at least as likely as not to have been caused by a blood transfusion in December 1980. As this event was not reasonably foreseeable and there is no evidence of negligence or fault on VA's part, the appellant is granted service connection for the cause of the Veteran's death.

The Board has determined that the Veteran's hepatitis C is not incurred or aggravated by service, and instead more likely resulted from a blood transfusion prior to his entrance into active duty service.

The Board has reopened the Veteran's claim of entitlement to service connection for hepatitis and granted it, finding that new evidence supports a current diagnosis of hepatitis C.

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

The Veteran's appeal is being remanded for additional development, including scheduling a VA examination to address the relationship between hepatitis C and his service-connected hepatitis B. The issue of an evaluation in excess of 10 percent for hepatitis B will also be addressed.

The Veteran's claim for an earlier effective date for the award of service connection for hepatitis C is dismissed because the December 2002 rating decision, which awarded service connection and assigned an effective date of December 17, 1999, was final.

The Veteran's appeal is being remanded for additional development, including obtaining SSA records and scheduling a VA examination to determine the nature and etiology of his hepatitis B, hepatitis C, and chronic liver failure.

The Board has determined that the Veteran's claims for service connection are inextricably intertwined and must be remanded to allow for further development.

The Board has granted service connection for Hepatitis B and C, finding that new evidence supports reopening the claims.

The Veteran's hepatitis C has resulted in daily fatigue, malaise, and anorexia with minor weight loss and hepatomegaly. A higher initial rating of 40 percent is granted.

The Board has granted service connection for hepatitis C, finding that the Veteran's military service is at least as likely as not related to his condition. The appeal regarding a back disorder was withdrawn by the Veteran prior to the decision.

The Veteran's liver disability was aggravated by VA treatment with ibuprofen and Tylenol #3, resulting in additional liver disability. The spleen disability is not related to the VA treatment.

The Board has denied the Veteran's claims for service connection for low back disorder, kidney disorder, prostate disorder, bilateral pes planus, and hepatitis C. The claim for an initial disability rating higher than 50 percent for PTSD prior to February 14, 2002 was also denied. Additionally, the claim for total unemployability secondary to service-connected disability prior to February 15, 2013 is pending.

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

The Board has determined that new and material evidence was received to reopen the claim for service connection for hepatitis C, and as a result, the Veteran's claim is granted.

The Veteran's claim for special monthly compensation (SMC) based on the need for regular aid and attendance of another person or housebound status was denied as his service-connected disabilities do not cause him to be permanently bedridden or so helpless as to be in need of regular aid and attendance.

The Veteran's appeal is remanded for further development, including an appropriate VA examination to assess the current severity of his service-connected Hepatitis C and the status of his other service-connected disabilities. The matter of entitlement to a TDIU must also be addressed.

The Board has granted service connection for hepatitis C, finding that the evidence is in relative equipoise as to whether it was incurred during active service. The Veteran's death benefits and dependency and indemnity compensation under 38 U.S.C.A. § 1318 are also addressed.

The Veteran's hepatitis C was granted service connection based on meeting multiple risk factors during active duty. The issues of sleep apnea, PTSD rating, and right elbow disability are remanded for additional development.