Hepatitis C decisions — 2014

The Veteran's hepatitis C is currently evaluated at 40 percent, but does not meet the criteria for a higher evaluation as there are no symptoms that warrant a rating of 60 or 100 percent.

The Veteran's appeal was dismissed due to their death during the pendency of the appeal.

The Board denied the Veteran's appeal because his Substantive Appeal was not timely filed, and thus he did not have a valid appeal as to the issues of prostate cancer service connection and whether new and material evidence had been received to reopen hepatitis C.

The Board found that the Veteran's hepatitis C was initially diagnosed in 1998, more than two decades after separation from service. The clinician opined that there is no credible evidence to support the Veteran's allegation of non-sterile needles being used for over 100 soldiers.,There is insufficient evidence to establish a link between the Veteran's hepatitis C and his military service.

The Veteran's appeal was dismissed due to his death. The Board has no jurisdiction to adjudicate the merits of the appeal as he died during its pendency.

The Board has determined that new and material evidence has not been presented to reopen the claim for service connection for hepatitis C. The Veteran's current diagnosis of hepatitis C is attributed to illegal drug use during service, which precludes him from obtaining benefits based on this exposure. Service connection for a lumbosacral spine disability was also denied as there is no competent or credible evidence showing that it is related to service.

The Veteran's appeal is being remanded for additional development, including obtaining medical records and scheduling examinations to address the issues of service connection for hepatitis C and recurrent callus formation of the right foot.

The Board has determined that additional development is needed to fully and fairly consider the Veteran's claims, including obtaining relevant medical records and scheduling appropriate examinations.

The Veteran's appeal for attorney fees was denied as the notice of disagreement regarding service connection for cirrhosis, hepatitis A, B, and C, and TDIU were not received prior to June 20, 2007. The appellant is therefore barred from charging the Veteran attorney fees with regard to these issues.

The Veteran's claim for service connection for hepatitis C is being remanded due to the need for additional development, including an addendum opinion from a VA medical examiner regarding his alleged exposure to blood and self-administered tattoo.

The Board has remanded the case due to a scheduling error and will provide an opportunity for the Veteran to present testimony at a hearing before the Board.

The Veteran's hepatitis C and cirrhosis of the liver were not incurred in or aggravated by active military service. The Board denied both claims.

The Board has decided to remand the Veteran's claim for service connection for hepatitis C due to incomplete records and need for further examination.

The Veteran's claim for service connection for hepatocellular cancer, which developed as a result of hepatitis C, is being remanded due to the need for additional medical opinions regarding the etiology of his hepatitis C.

The Board has remanded the Veteran's claims for additional development, including a VA examination and consideration of new evidence. The appeal is not yet decided.

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

The Veteran withdrew his appeals for hepatitis C and bilateral hearing loss during the June 2010 Board hearing. The claims of service connection for tinnitus and an acquired psychiatric disability, to include PTSD, are addressed in the REMAND portion.

The Veteran's hepatitis C with cirrhosis, which caused his death, was incurred in service due to blood transfusions and morphine injections during combat.

The Veteran's appeal is remanded due to the progression of his hepatitis C with cirrhosis and potential development of hepatocellular carcinoma. A VA examination is needed to assess the current severity of these conditions, including any new symptoms or complications.

The Board has remanded the case for additional development, including obtaining service treatment records and arranging a VA examination to determine the etiology of the Veteran's current hepatitis C.