Hepatitis C decisions — 2016

The Board has remanded the Veteran's claims for additional development due to outstanding medical records and examinations.

The Veteran's appeal for service connection for hepatitis C has been dismissed due to the death of the appellant.

The Veteran's claim for an initial compensable disability rating for hepatitis C is being remanded due to the need to contact him and provide a Travel Board hearing opportunity.

The Board has determined that the Veteran's hepatitis C is not related to his military service, including as due to an in-service air gun inoculation. The claims for bilateral hearing loss and tinnitus are REMANDED.

The Board found that the Veteran's hepatitis C was not incurred during service and is less likely related to his seizure disorder. The claim for service connection for hepatitis C has been denied.

The most probative evidence of record indicates that the Veteran's hepatitis C is not related to service, but rather to post-service risk factors such as drug use and high-risk sexual behavior.

The Board has determined that the Veteran's hepatitis C is at least as likely as not related to service, and thus grants service connection for this condition.

The Veteran's appeal for an initial compensable rating for left knee disability has been withdrawn. The remaining issues of increased ratings for hepatitis C, sinusitis, and degenerative disc disease of the lumbosacral spine are being remanded.

The Board has remanded the case due to incomplete records and further development of service connection claims for hepatitis C, liver disease, left knee disability, low back disability, and right shoulder disability is required.

The Veteran's hepatitis C with cirrhosis is rated at 40 percent effective July 2, 2001.

The Veteran's appeal for service connection for a sleep disorder has been withdrawn. The Board finds that the Veteran was diagnosed with bilateral hallux valgus in service and continues to have this condition, warranting service connection.

The Veteran's service-connected disabilities do not prevent him from securing or following a substantially gainful occupation.

The Veteran's appeal involves multiple issues including increased ratings for various knee conditions, arthritis, and Bell's palsy. Additionally, the Veteran seeks service connection for an acquired psychiatric disorder, bilateral hammer toe, gastroesophageal reflux disease (GERD), hypertension, left ankle arthritis, lumbar spine disorder, asthma, and hepatitis C. The appeal is being remanded to allow for a new hearing before a different Veterans Law Judge.

The Veteran's appeal for service connection of hepatitis C has been dismissed due to his death.

The Board has determined that the Veteran's hepatitis C and liver cirrhosis did not begin during or as a result of his active duty service, and thus denied both claims for service connection.

The Board has determined that additional development is needed to determine the Veteran's current percentage of impairment caused by his nonservice-connected disabilities, including spondylosis and any newly diagnosed conditions such as an enlarged prostate. The case will be remanded for these purposes.

The Veteran's hepatitis C was found to have been incurred in service, with doubt resolved in his favor. The Board also finds that the Veteran has a current acquired psychiatric disorder (PTSD) and respiratory disorders (COPD and residuals of pneumonia), which are related to service.

The Board found that the Veteran's claimed conditions are not related to his service or service-connected condition, and thus denied all claims for service connection.

The Board found no evidence of a chronic liver disease, including hepatitis C or cirrhosis, while the Veteran was on active duty or for many years thereafter. The Veteran's main contentions regarding his liver disease and residual complications being related to events during service were not supported by medical opinion.

The Veteran's hepatitis C did not meet the criteria for a higher rating as her symptoms were limited to daily fatigue and malaise without weight loss or hepatomegaly, requiring dietary restriction or continuous medication.