Hepatitis C decisions — 2015

The Board has determined that additional development is needed to address the Veteran's service connection claims, including obtaining his service personnel records and arranging for a VA examination of his claimed migraines.

The Veteran's hepatitis C disability has been productive of daily fatigue, malaise, and nausea with minor weight loss or incapacitating episodes (with symptoms such as fatigue, malaise, nausea, vomiting, arthralgia, and right upper quadrant pain) having a total duration of two to four weeks during the past 12-month period. The criteria for an initial evaluation in excess of 40 percent are not met.

The Board has determined that new and material evidence has not been presented to reopen the claim of service connection for hepatitis C. The issue of whether there is a cervical spine disability related to service remains unresolved.

The Board has found no evidence of a blood transfusion during service and thus cannot establish service connection for hepatitis C.

The Veteran does not have hepatitis C that is attributable to his active military service. The Board denied the claim as there was no medical evidence of a nexus between events coincident with military service and the current disability.

The Veteran's appeals have been dismissed due to their death.

The Veteran's death was due to hepatocellular carcinoma, which is not service-connected and not related to his military service or any service-connected conditions.

The Board found that the Veteran's Hepatitis C and deviated septum and/or sinus disability were not incurred during active military service or related to any incident of active military service.

The Veteran's hepatitis C was incurred during service and the Board grants service connection for this condition. The request to revise or reverse the July 2004 and August 2004 rating decisions on grounds of clear and unmistakable error (CUE) is dismissed as moot.

The Veteran is unable to secure or follow a substantially gainful occupation due to his service-connected Hepatitis C, which causes fatigue and other symptoms that prevent him from physically demanding employment.

Service connection for hepatitis C was granted in a November 2, 2013 rating decision. The Veteran was provided notice of this decision and has not appealed it or any other issue.

The Veteran's combined rating is 30 percent, which does not meet the criteria for a TDIU based on service-connected disabilities. However, his service-connected left ankle disability did not render him unable to secure and follow substantially gainful employment.

The Veteran's claim for hepatitis A was denied in July 2002, and new evidence does not raise a reasonable possibility of substantiating the claim.,The Veteran's claim for hepatitis B was denied in July 2002, and new evidence does not raise a reasonable possibility of substantiating the claim.,The Veteran's claim for hepatitis C was reopened based on new evidence showing ongoing treatment for the condition.

The Board has determined that additional development is necessary to ensure proper discharge of VA's duty to assist, and the case is therefore being remanded for further action.

The Veteran's hepatitis C has been rated at a 10 percent disability rating since January 31, 2011. The Board found that the symptoms have not met or more nearly approximated the criteria for higher ratings.

The Board has determined that the Veteran's death was not caused by his service-connected condition, hepatitis C. The evidence does not support a finding that the hepatitis C was incurred in or aggravated by service.

The Veteran's claim for an effective date earlier than July 12, 2007 for the evaluation of 30 percent for chronic adjustment disorder has been granted. The earliest date on which entitlement to a 30 percent evaluation arose was December 19, 2006.

The Board has determined that the Veteran's hepatitis C is attributable to service, and thus grants service connection for hepatitis C.

The Veteran's appeal is being remanded due to the need for a video conference hearing. The issues of rating hepatitis C, service connection for right leg disability, and service connection for neck disability are pending.

The Board found that the Veteran's current hepatitis C did not begin during service and was not caused by any incident of service. The most probative evidence indicates that hepatitis C is not related to service or a service-connected disability.