Hepatitis C decisions — 2014

The Board has determined that the Veteran's hepatitis C is not attributable to his period of active military service.

The Board is remanding the case for additional development, including obtaining private treatment records and addressing whether the Veteran's death was related to service-connected conditions or other factors.

The Veteran is granted a 40 percent rating for hepatitis C, effective April 29, 2002. The case of the initial compensable rating for bilateral hearing loss is REMANDED.

The Board has determined that the Veteran does not have a current diagnosis of hepatitis, and therefore cannot establish service connection for this condition.

The Board has remanded the case for additional development, including obtaining relevant treatment records from the Veteran's healthcare providers and the Social Security Administration.

The VA determined that the Veteran's hepatitis C was not incurred or aggravated during service and is not related to any in-service incident. The medical evidence does not support a finding of service connection.

The Board found that the Veteran's hepatitis C was caused and/or aggravated by his service-connected PTSD, granting secondary service connection for hepatitis C.

The Veteran's claim for compensation under 38 U.S.C.A. § 1151 for hepatitis C due to an endoscopic procedure performed at the Miami, Florida VA is denied as there is no evidence that the procedure caused his pre-existing hepatitis C.

The Board has determined that the Veteran's current hepatitis C is not related to his military service, including air gun vaccinations or tattoos he received in service. The preponderance of evidence does not support a finding that the Veteran's hepatitis C was incurred during service.

The Veteran's claim for an earlier effective date for service connection of residuals of a spelenectomy was denied as there is no legal entitlement to such due to the lack of correspondence prior to November 23, 2007.

The Board dismissed the appeal due to the death of the Veteran and the appellant's request for withdrawal of the appeal.

The Veteran's appeal is remanded for further development, including obtaining private medical records and scheduling VA examinations to address the issues of service connection for bilateral hearing loss, hepatitis C, and a liver condition.

The Board has remanded the case due to inadequate VA examination and need for a new evaluation of hepatitis C. The service connection claim for low back pain remains on appeal, as does the increased rating claim for hepatitis C.

The Board denied the Veteran's claims for service connection for bilateral hearing loss, residuals of a rib injury, and hepatitis C. The decision found that current evidence did not meet the criteria for disability due to hearing loss in the right ear, left ear hearing loss was not chronic in service or within one year post-service separation, and there was no nexus between any diagnosed conditions and service.

The Board has determined that the evidence is in relative equipoise as to whether the Veteran's current hepatitis C is etiologically related to his receipt of air gun immunization injections during basic training. As a result, service connection for hepatitis C is granted.

The Veteran's initial rating for diabetes mellitus was granted at 20 percent, effective May 11, 2009. Service connection for hepatitis C was also granted.

The Veteran is seeking service connection for hepatitis C. The VA has determined that the current opinion on etiology provided in October 2009 is inadequate and has ordered an additional medical examination to clarify the nature and etiology of his hepatitis C.

The Board has granted service connection for an acquired psychiatric disorder, to include PTSD. The claim for hepatitis C remains pending and will be remanded for further development.

The Board has determined that the Veteran does not have a current diagnosis of hepatitis C and there is no competent evidence linking his current condition to service. The preponderance of the evidence is against the claim for service connection.

The Veteran's hepatitis C has been service-connected, but he is seeking an initial compensable rating and TDIU. The Board finds that a new examination is necessary to reach a decision on the initial rating claim, and referral for extraschedular consideration of TDIU is warranted.